Aug 1 (Reuters) - Alphabet's Google on Friday asked a
U.S. appeals court to keep on hold an order that required
sweeping reforms to the technology giant's app store Play, after
losing a key ruling this week in a lawsuit brought by "Fortnite"
video game maker Epic Games.
Google in a new filing to the San Francisco-based 9th U.S.
Circuit Court of Appeals said it planned to further challenge
the lower court's October injunction, which a panel of appeals
judges upheld on Thursday in a unanimous decision.
The injunction, which was paused while the 9th Circuit
considered the case, required Google to restore competition by
allowing users to download rival app stores within its Play
store and by making Play's app catalog available to those
competitors, among other reforms.
Google said the lower court's injunction is expected to take
effect in 14 days absent a court order blocking it. The filing
said an administrative stay of the order was necessary to let
the company later ask the full appeals court to take up the
appeal, and if necessary seek review by the U.S. Supreme Court.
Google and Epic did not immediately respond to requests for
comment.
Epic in its 2020 lawsuit accused Google of monopolizing how
consumers access apps on Android devices and pay for
transactions within apps. The Cary, North Carolina-based company
convinced a San Francisco jury in 2023 that Google illegally
stifled competition.
U.S. District Judge James Donato in San Francisco issued his
Play store injunction against Google in October after a jury
earlier ruled for Epic. Google has denied any wrongdoing.
In upholding the injunction on Thursday, a 9th Circuit panel
said the record in Epic's lawsuit was "replete with evidence
that Google's anticompetitive conduct entrenched its dominance."
The case is Epic Games v. Google, 9th U.S. Circuit Court of
Appeals, No. 24-6256.
For Epic: Gary Bornstein of Cravath, Swaine & Moore
For Google: Jessica Ellsworth of Hogan Lovells
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