Aug 1 (Reuters) - A U.S. appeals court on Friday agreed
to delay a sweeping overhaul of Google's app store Play, as the
technology giant continues to challenge a judge's order
requiring the reforms in a lawsuit brought by "Fortnite" video
game maker Epic Games.
The San Francisco-based 9th U.S. Circuit Court of Appeals
granted Google's request for a temporary pause of the order.
Google said earlier on Friday that it planned to further appeal
the judge's October injunction, which a 9th Circuit panel upheld
on Thursday in a unanimous decision.
The injunction, which had already been paused while the 9th
Circuit considered Google's appeal, 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 was expected to
take effect in 14 days absent a court order blocking it.
In granting Google's request for an administrative stay on
Friday, the appeals court gave the company until Aug. 8 to ask
the court to put the injunction on hold for the duration of its
appeal.
Google said it plans to ask the full 9th Circuit to take up
its appeal, and if necessary will 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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