• by Wendy Davis  @wendyndavis, October 23, 2024

The tech industry-funded groups Chamber of Progress and NetChoice are urging a federal appellate court to stay an injunction that would require Google to overhaul its Play Store.

“Any judicial decree re-engineering the app economy risks upending an irreplaceable driver of economic growth and innovation,” the organizations write in papers filed Wednesday with the 9th Circuit Court of Appeals.

The injunction, issued earlier this month by U.S. District Court Judge James Donato in San Francisco, includes provisions that would require Google Play to host other companies' app stores, and give those companies access to Google's library of apps. The order also includes provisions prohibiting Google from forcing developers to use its billing system for Play Store apps. 

Donato's order came in a lawsuit brought by Fortnite maker Epic Games, which accused Google of violating antitrust laws by requiring developers who distributed Play Store apps to use Google payment system, and making it too difficult for Android users to download apps from sources other than the Play Store.

The matter went to trial last year, and resulted in a jury verdict that Google created or maintained an illegal monopoly in two markets -- Android app distribution, and Android in-app billing.

Google is appealing the verdict and has asked the 9th Circuit Court of Appeals to stay the injunction. Late last week, Donato agreed to halt the bulk of the injunction until the 9th Circuit rules on Google's request.

NetChoice and the Chamber of Progress argue in a friend-of-the-court brief that the injunction will “stifle app store competition for developers and users.”

The injunction “forcibly distorts the app economy by eliminating incentives for rival app stores to compete,” the groups write.

“The injunction hands new app stores full access to the apps and developers on the Google Play store, eliminating the need to compete for apps and users,” the organizations add.