July 31 (Reuters) - Alphabet's Google on
Thursday failed to persuade a U.S. appeals panel to overturn a
jury verdict and federal court order requiring the technology
giant to revamp its app store Play.
The San Francisco-based 9th U.S. Circuit Court of Appeals
rejected claims from Google that the trial judge made legal
errors in the antitrust case that unfairly benefited "Fortnite"
maker Epic Games, which filed the lawsuit in 2020.
Epic 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 ordered
Google in October 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.
Donato's order was on hold pending the outcome of the 9th
Circuit appeal. The court's decision can be appealed to the U.S.
Supreme Court.
Google told the appeals court that the tech company's Play
store competes with Apple's ( AAPL ) App Store, and that Donato
unfairly barred Google from making that point to contest Epic's
antitrust claims.
The tech giant also argued that a jury should never have
heard Epic's lawsuit because it sought to enjoin Google's
conduct - a request normally decided by a judge - and not
collect damages.
Epic has defended the verdict and court injunction, telling
the 9th Circuit judges that the Android app market has been
"suffering under anti-competitive behavior for the better part
of a decade."
In the trial court and in the appeal, Epic disputed
arguments by Google that changes to its app business ordered by
the court would harm user privacy and security.
Microsoft ( MSFT ) filed a brief backing Epic, as did the
U.S. Justice Department and Federal Trade Commission.
Epic separately is battling Apple ( AAPL ) over a U.S. judge's order
requiring the iPhone maker to give developers greater freedom to
steer consumers to make purchases outside its App Store.
Apple ( AAPL ) has appealed a ruling that said it violated a prior
injunction in a lawsuit that Epic filed in 2020.