Google has filed an emergency appeal with the 9th Circuit Court of Appeals, seeking to suspend a recent court order that would force the tech giant to open its Play Store to competitors. The move comes on the heels of an antitrust lawsuit victory for Epic Games, which was awarded a significant judgment after a federal jury found that Google had engaged in anti-competitive practices by limiting app distribution and in-app billing services on Android devices. Last month, US District Judge James Donato ruled that Google must allow third-party app stores to access the company’s extensive Play Store catalog and be downloadable directly from the storefront. Google is now arguing that this order poses a significant threat to the security of its 100 million Android users in the US.
The company claims that implementing the order would expose users to “substantial new security risks,” citing concerns that third-party stores might not adhere to the same rigorous security standards as Google’s own Play Store. Google maintains that its current security measures are designed to protect users from malicious apps, and that opening up its catalog to third-party stores could create “real risks” for its users. The company warns that users may assume that third-party stores have been vetted by Google, which could lead to them inadvertently installing potentially hazardous apps.
Furthermore, Google argues that allowing third-party stores to access its entire library could have unintended consequences, such as businesses being forced to coexist with malicious or adult content. This, in turn, could undermine the legitimacy of reputable stores and create opportunities for “bad-intentioned” actors to masquerade as legitimate businesses. Additionally, Google expresses concern that developers could use the ability to link out from their apps to launch phishing attacks, compromising users’ devices and stealing their sensitive data.
Google is also pushing back against a proposed change that would allow developers to bypass its in-app billing system, which generates significant revenue for the company. The tech giant argues that this change could lead to a loss of security features and safeguards that users expect from its billing system. In its appeal, Google emphasizes that the three-week timeframe given to implement these changes is woefully inadequate, describing the task as “Herculean.” The company warns that rushing to meet this deadline could create an “unacceptable risk of safety” that could have far-reaching consequences for Android users.
Google’s appeal also questions the apparent inconsistency in the court’s rulings in antitrust cases involving the company and its rival Apple. Google notes that Apple’s App Store, which requires all apps to undergo a proprietary review process, has not been deemed monopolistic, despite its similar business model. In contrast, Google was found liable for monopolization despite its efforts to build choice into the Android operating system, allowing device makers to preinstall and users to download competing app stores. This perceived disparity has left Google’s lawyers scratching their heads, wondering why the court’s treatment of the two companies appears to be so disparate.
