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Epic judge orders Google to keep its Android app store closed to competitors for the time being
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Epic judge orders Google to keep its Android app store closed to competitors for the time being

Google just won a small but important victory in its epic legal battle. Last week, the company asked Judge James Donato to pause his Nov. 1 deadline to dramatically change the rules for its Android app store. Today it did just that, Epic and Google confirmed The roadside, Grant Google a temporary administrative stay on all but one part of its ruling.

That means Google may not 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, had become an illegal monopoly, although Google is now appealing the jury’s verdict and the court’s order.

Technically, today’s temporary administrative stay only turns the clock back a little, long enough for the appeals court to consider a longer stay, but Judge Donato reportedly told the courtroom that he suspects the Ninth Circuit will grant that longer stay will also allow – what could happen. Really leave Google alone until it appeals. The judge refused to grant Google itself a longer stay.

However, Judge Donato did not hit pause on a specific part of his ruling, one that could open a rift for competing app stores, according to court documents. Beginning November 1, 2024 and continuing until November 1, 2027, Google is ordered not to enter into deals with carriers or device makers that block pre-installation of competing app stores in exchange for money, revenue share or perks.

Had Judge Donato upheld the original deadline, his order would also have allowed developers to stop using Google’s Play Billing starting November 1. Google also shouldn’t use certain financial incentives to keep developers loyal to the store. Furthermore, it would have been an eight-month countdown before Google started offering third-party app marketplaces in its own Play Store. You can read the full list of changes Judge Donato ordered in his permanent injunction here.

Judge Donato originally gave Google less than a month to open its app store, and Google argued that it should be given the same 90 days as Apple to make changes to the app store. (Google also argued that Epic, which filed both the Apple and Google lawsuits, had no objection to a 90-day timeline.) Now that Judge Donato’s original deadline has been lifted, Google is at least off the hook for a while and may have started out the same way. The path Apple has taken has resulted in delaying the removal of anti-steering rules in the App Store for more than two years.

Without the delay, Judge Donato’s ruling could have had almost immediate consequences for consumers, not just developers. Microsoft said it would let people buy and play games in the Xbox Android app, for example, and Epic said it will bring the Epic Games Store to Google Play next year. Unless the Ninth Circuit denies a stay, it could take years for such things to happen.

Google tells The edge it welcomes today’s decision:

We are pleased with the District Court’s decision to temporarily pause implementation of dangerous remedies sought by Epic as the Court of Appeals considers our request to further pause the remedies while we appeal. These solutions threaten Google Play’s ability to provide a secure experience, and we look forward to continuing to work to protect 100 million US Android users, more than 500,000 US developers, and thousands of partners who have benefited from our platforms.

Epic declined to comment.

Correction, October 18: An earlier version of this story incorrectly suggested that Judge Donato had completely lifted his Nov. 1 deadline pending an appeal. Donato even decided not to enforce a specific part of his order: Google’s agreements with OEMs and carriers.