Nov 27 (Reuters) - Alphabet's Google asked a
U.S. appeals court on Wednesday to throw out a jury verdict and
a judge's order forcing it to revamp its app store Play.
In its first detailed argument to the San Francisco-based
9th U.S. Circuit Court of Appeals, Google said the trial judge
made legal errors that unfairly benefited the plaintiff,
"Fortnite" maker Epic Games.
Requiring a "dramatic redesign" of Google Play and its
mobile-device operating system Android will hurt app developers
and consumers, Google said in its court filing.
Epic's 2020 lawsuit accused Google of monopolizing how
consumers access apps on Android devices and how they pay for
transactions within apps. The Cary, North Carolina-based company
persuaded a San Francisco jury last year that Google illegally
stifled competition.
Based on the jury's findings, U.S. District Judge James
Donato ordered Google in October to let users download rival app
stores within Play and make Play's app catalog available to
those competitors, among other reforms.
The order, which would bind Google for three years, is on
hold pending review in the 9th Circuit.
Google told the appeals court on Wednesday that a jury
should never have heard Epic's lawsuit because it sought to
enjoin Google's conduct, not collect damages. It said Donato
unfairly allowed Epic to tell jurors that Google and Apple ( AAPL )
are not competitors for app distribution and in-app
payments.
The filing said Donato was wrong to issue an injunction
affecting users and developers nationwide, not just Epic. Google
said the order made Donato "a central planner responsible for
product design."
The 9th Circuit said it will hear oral arguments on Feb. 3,
with a ruling expected later next year.