Court Upholds Permanent Injunction, Granting Google Limited Extension to Comply
A federal appeals court has denied Google’s request to delay a permanent injunction in its ongoing antitrust battle with Epic Games. The decision, filed on Friday, by the U.S. Court of Appeals for the Ninth Circuit, means Google must now move forward with major changes to its Android ecosystem.
The court’s unanimous order upholds the core of the permanent injunction issued last year, which was based on a jury’s finding that Google illegally monopolized the Android app-distribution market.
While denying a full stay, the court did grant a limited extension for Google to comply with the most complex provisions of the injunction.
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The Court’s Ruling
Google had requested a stay of the injunction pending its appeals to the U.S. Supreme Court. However, the appellate court ruled that Google failed to meet the high legal standard for a stay, which requires demonstrating a “significant possibility of reversal” and “irreparable harm” if the injunction were to proceed.
The court’s order explicitly states that Google “has not met the requirements” for a stay, pointing to its previous 67-page opinion that upheld the jury’s verdict and the detailed permanent injunction. The judges noted that the case has already been ongoing for more than 20 months since the jury’s verdict in December 2023.
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Key Provisions and Extensions
The most impactful parts of the injunction are paragraphs 11 and 12, which are designed to “restore competition in the Android app-distribution market.” These provisions require Google to make significant changes to how it handles app stores and app catalogs. The court originally gave Google eight months to comply, but has now extended that deadline to ten months from the date the mandate is issued.
Additionally, the court granted Google’s request to extend the deadlines for several other short-term compliance requirements. These deadlines have been pushed back until 30 days after the mandate is issued. The order also prevents Epic from requesting a shorter compliance deadline than the ten months now set by the court.
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Looking Ahead
The ruling marks a critical moment in the long-running legal dispute between the two tech giants. For Google, it means the company must now begin the process of restructuring its Android app market, which could have major implications for developers and consumers alike. The company has stated it plans to file a petition for certiorari with the Supreme Court within 45 days of the decision on its stay motion.
For now, the court’s decision affirms the jury’s finding that Google’s conduct was anticompetitive, bringing the permanent injunction one step closer to full implementation.
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