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Google asked Supreme Court to freeze parts of judge's
order
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Order was issued in suit by "Fortnite" maker Epic Games
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Google says it will continue its appeal
(Adds Google and Epic Games comments in paragraphs 6-7)
By Mike Scarcella
WASHINGTON, Oct 6 (Reuters) - The U.S. Supreme Court
declined on Monday to halt key parts of a judge's order
requiring Alphabet's Google to make major changes to
its app store Play, as the company prepares to appeal a decision
in a lawsuit brought by "Fortnite" maker Epic Games.
The justices turned down Google's request to temporarily
freeze parts of the injunction won by Epic in its lawsuit
accusing the tech giant of monopolizing how consumers access
apps on Android devices and pay for transactions within apps.
A federal appeals court in July upheld the judge's sweeping
order against Google.
The injunction issued last year by U.S. District Judge James
Donato requires Google to allow users to download rival app
stores within its Play store and make Play's app catalog
available to competitors. Those provisions do not take effect
until July 2026.
The judge also said Google must allow developers to include
external links in apps, enabling users to bypass Google's
billing system. That part of the injunction is due to take
effect later this month.
Google said in a statement that while it was disappointed by
the Supreme Court's order, the company will continue its appeal.
Epic Games chief executive Tim Sweeney said in a post on
social media platform X that starting later this month, app
developers will be "legally entitled" to steer Google Play users
to out-of-app payment options without fees and other "friction."
Donato issued his order in a lawsuit that Epic filed in 2020
against Google, alleging its restrictive app store rules
violated antitrust law. Epic won a jury trial in San Francisco
in 2023. Google has denied any wrongdoing.
Google has called Donato's order unprecedented, and said it
would cause reputational harm, safety and security risks and put
the company at a competitive disadvantage if allowed to take
effect.
Google in its Supreme Court filing said the changes would
have enormous consequences for more than 100 million U.S.
Android users and 500,000 developers. Google said it plans to
file a full appeal to the Supreme Court by October 27, which
could allow the justices to take up the case during their
nine-month term that began on Monday.
Epic has said Google is relying on what it called "flawed
security claims" to justify its control over Android devices.
Epic had urged the justices to allow Donato's injunction to take
effect "so consumers and developers can benefit from
competition, choices and lower prices."
In July, a three-judge panel of the San Francisco-based 9th
U.S. Circuit Court of Appeals upheld the injunction, ruling that
the record in Epic's lawsuit was "replete with evidence that
Google's anticompetitive conduct entrenched its dominance."
Google faces other lawsuits from government, consumer and
commercial plaintiffs challenging its search and advertising
business practices.
(Reporting by Mike Scarcella in Washington; Additional
reporting by Andrew Chung in Washington; Editing by Will Dunham
and Muralikumar Anantharaman)