Epic judge lets Google keep its Android App Store closed to competitors — for now
Google has scored a small but key victory in its epic legal battle. Last week, the company asked Judge James Donato to pause its Nov. 1 deadline to drastically change its Android App Store rules. Today, he did just that, Epic and Google confirmed edge, Grants Google a temporary administrative stay over all but a certain portion of its governance
That means Google won't have to open its Play Store for years, if at all, while it appeals the ruling. In December, a jury unanimously decided that Google's Android app store, the Play Store, constituted an illegal monopoly, though Google is now appealing that jury verdict as well as the court order.
Technically, today's temporary administrative stay only pushes the clock back a bit, long enough for the appeals court to stay longer, but Judge Donato reportedly told the court that he doubts the Ninth Circuit will grant that longer a stay — which may be until Google actually gets through the appeals. Let money off the hook. The judge refused to allow Google to stay any longer.
However, Judge Donato Dr no According to court documents, the court documents put a pause on a certain part of its ruling, which could open a crack for rival app stores. Beginning November 1, 2024 and continuing through November 1, 2027, Google is ordered not to enter into agreements with carriers or device manufacturers that block pre-installation of competing app stores in exchange for money, revenue share or special privileges.
If Judge Donato had left the original deadline, his order would have allowed developers to stop using Google Play billing as soon as November 1st. Google will also be barred from using certain financial incentives to keep developers loyal to the store. Also, it will begin an eight-month countdown to bringing third-party app marketplaces into Google's own Play Store. You can read about the full list of changes Judge Donato ordered to his permanent injunction embedded here.
Originally, Judge Donato gave Google less than a month to open its App Store, and Google argued that Apple should get the same 90 days it got to change the App Store. (Google also argued that Epic, which sued both Apple and Google, didn't object to the 90-day timeline.) With Judge Donato lifting the original deadline, Google is at least briefly off the hook and potentially has to do the same. The path Apple took delayed removing its anti-steering App Store rules for more than two years.
If not stayed, Judge Donato's ruling could have almost immediate implications not just for developers, but for consumers. Microsoft says it will start letting people buy and play games in the Xbox Android app, for example, and Epic says it's bringing the Epic Game Store to Google Play next year. Unless the Ninth Circuit denies a stay, it could be years before these things happen.
Google says The Verge It is satisfied with today's decision:
We are pleased with the district court's decision to temporarily stay implementation of Epic's claimed dangerousness remedies, as the appellate court considered our request for a further stay of remedies pending our appeal. These remedies threaten Google Play's ability to provide a safe and secure experience, and we look forward to continuing our case to protect the 100 million US Android users, more than 500,000 US developers and thousands of partners who benefit from our platforms.
Epic declined to comment.
Correction, October 18: An earlier version of this story incorrectly suggested Judge Donato had lifted his Nov. 1 deadline for the pending appeal entirely. In fact, Donato chose not to dwell on one particular part of his ban: Google's contracts with OEMs and carriers