Google Gets a Stay of Execution in Epic Case

As expected, US District Judge James Donato granted Google a stay of the injunction imposed by its loss in Epic v. Google. This means that Google is not required to open up Android and the Google Play Store to third party stores and payment systems until Google’s appeal winds its way through the courts.

“We’re pleased with the District Court’s decision to temporarily pause the implementation of dangerous remedies demanded by Epic, as the Court of Appeal considers our request to further pause the remedies while we appeal,” a Google statement notes.

Google was found guilty of maintaining an illegal monopoly in December 2023, thanks to abuses related to the Google Play Store and app ecosystem in Android. Two weeks ago, Judge Donato delivered his final ruling against the company, and it was a worst case scenario for Google, with the online giant forced to open up the Google Play Store, and allow competing app stores and in-app payment systems in Android for a period of three years.

Google had until November 1 to make the changes demanded by Judge Donato, but the firm filed an emergency motion requesting a stay of the injunction two days ago. The motion was granted today.

In a document tied to the motion, Google argued against the judge’s ruling.

“This District Court order threatens Google Play’s ability to provide a safe and trusted user experience, thereby undermining the Android ecosystem’s ability to compete with Apple’s iOS,” Google asserted. “This wouldn’t just hurt Google – this would have negative consequences for Android users, developers and device manufacturers who have built thriving businesses on Android.”

Interestingly, Judge Donato did not granted Google every request it made. Google is still enjoined from entering into any agreements with wireless carriers or hardware makers that might prevent the installation of rival app stores “in exchange for money, revenue share, or perks.” This leaves open the possibility that Google will have to allow third-party app stores in Android even if it somehow wins a partial appeal of the case in the future.

Epic Games and Xbox both announced plans to provide mobile app stores on Android because of this ruling, but those releases will have to wait for now.