In its court documents submitted to the 9th U.S. Circuit Court of Appeals in San Francisco, Google claims that the trial judge made mistakes in the antitrust case that unfairly favored Epic Games.
Epic filed a lawsuit against Google in 2020, accusing it of monopolizing access to apps on Android devices and controlling how users pay for in-app transactions. In 2023, a jury in San Francisco sided with Epic, finding that Google had unlawfully hindered competition.
In October, U.S. District Judge James Donato ordered Google to promote competition by allowing users to download other app stores through its Play store and to make its app catalog accessible to those competitors, among other changes.
However, this order is currently on hold while the 9th Circuit reviews Google's appeal.
Google argues that its Play store competes strongly with Apple's App Store and claims that Donato wrongly permitted Epic to inform jurors that Google and Apple aren't competitors in app distribution and in-app payments.
Additionally, Google contends that Donato overstepped by issuing an order that impacts users and developers across the country, not just Epic, likening the judge's role to that of "a central planner responsible for product design."
Epic is urging the 9th Circuit to dismiss Google's arguments, accusing the tech giant of a long-term strategy to suppress competition among app stores and payment methods.
In a statement, Epic emphasized its commitment to uphold the jury's verdict and the court's injunction, insisting that Google must be held accountable for its anticompetitive actions.
Microsoft has also shown support for Epic, along with the U.S. Justice Department and the Federal Trade Commission.
The 9th Circuit is expected to make a ruling later this year, and that decision could potentially be taken to the U.S. Supreme Court.