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“Total victory,” declares Epic.
Epic has won again. The Ninth Circuit Court of Appeals will not overturn the unanimous jury verdict from 2023 that Google’s app store and payments system have become illegal monopolies — and it appears to be pressing play on a previously paused permanent injunction that would crack open Android to undo those monopolies. “Total victory in the Epic v Google appeal!” tweeted Epic CEO Tim Sweeney.
Today, a three-judge panel affirmed the lower court’s decision in Epic v. Google, according to a full opinion you can read below — and Google will now appeal again, the company confirms to The Verge. It would likely appeal to the Supreme Court next.
Congrats to all you Fortnite players
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Google loses app store antitrust appeal, must make sweeping changes to Play Store

Google's failed appeal could open up the market for Android apps.
Google has lost its appeal in the long-running app store antitrust case, which marks another major victory for Epic Games. Google lost the original case in 2023 when a jury found it abused its market position in smartphones to block competition from Epic and others. Google was able to get the penalties suspended while it pursued its appeal, but now it may need to make plans for a more open future on Android.
Since the dawn of the mobile app era, it was customary for both Apple and Google to take a sizable cut of developer revenue, but no one had the resources to challenge the status quo until Fortnite took off. The success of Epic's battle royale title gave it an opening to go after both Apple and Google in 2020. The developer added external payment options to the free-to-play game, causing it to be pulled from both stores. The lawsuit followed soon after.
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