• by Wendy Davis , October 3, 2025

Epic Games on Friday asked the Supreme Court to reject Google's request to halt an injunction that would require sweeping changes to the Play store, arguing that the company hasn't shown it faces "irreparable harm" that would justify an emergency order.

"The only thing a stay would achieve is further extending the year-long delay in implementing the district court's much-needed injunction -- itself entered nearly ten months after the jury verdict-- allowing Google to continue to shield its app store from competition and to reap monopoly profits at the expense of Android developers and users," the Fortnite developer writes in papers filed with Supreme Court Justice Elena Kagan.

Epic's argument comes in a legal battle that began in 2020, when it alleged that Google's Play store policies violated antitrust law. Epic brought suit soon after Google removed Fortnite from its mobile app marketplace for allegedly attempting to bypass commissions on in-app purchases.

The case went to trial in 2023, 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.

U.S. Judge James Donato in the Northern District of California later issued an injunction that would require Google to revise its Play store. That injunction, which was upheld earlier this year by the 9th Circuit Court of Appeals, requires Google Play to host other companies' app stores, and give outside companies access to Google's library of apps. Unless the injunction is halted, those terms will take effect in July 2026.

Late last month, the company petitioned Supreme Court Justice Elena Kagan to stay the injunction on an emergency basis, arguing that it will harm developers as well consumers.

"Unfettered access to Google's catalog of millions of apps would allow anyone with an internet connection to 'set up a shell third-party "store" and populate it with apps,'" the company argued, quoting from an earlier court proceeding.

"If other app stores suddenly have Play's millions of apps, the stores can pose as legitimate (or even appear to be Play itself) without having to develop the capacity or reputation for security that leads to developer trust," Google added.

But Epic counters that the injunction has provisions allowing Google to adopt reasonable security measures.

Epic also says there is no reason to stay the injunction on an emergency basis because the provisions requiring Google to make its catalog of apps available to outside companies, and to distribute other companies' app stores, won't be effective until July 2026.

"Google argues that these remedies must be stayed now because they will pose a security risk to the Android ecosystem when they are implemented next summer," Epic writes. "Google never acknowledges, much less addresses, the illogic of this position."