Matthew Perlman
December 26, 2025
Google Tells Justices Epic Order Makes Court Central Planner

6 min

Image source: Unknown
AI-made summary
- Google has petitioned the U.S
- Supreme Court to review a case brought by Epic Games challenging Google's Play Store policies
- Google argues that a nationwide injunction, which requires it to allow rival app stores and alternative payment methods on Android devices, oversteps judicial authority and impacts hundreds of thousands of developers
- The Ninth Circuit previously upheld a jury verdict finding Google violated antitrust law and affirmed the injunction
- Epic initiated the litigation in 2020 after its Fortnite app was removed for policy violations.
Google has urged the U.S. Supreme Court to review a case being brought by Epic Games over Google's Play Store policies, telling the justices a sweeping injunction issued in the case defies precedent by turning a court in California into a "central planner" for Android mobile devices.
Google LLC's petition, filed Monday, comes after the high court refused the company's request earlier this month to pause parts of the nationwide injunction while it appeals the order and Epic Games Inc.'s underlying jury trial win.
The order requires Google to allow downloads of rival app stores in the Play Store and to give alternative stores access to the Play Store catalog of apps, among other things.
The petition contends that the order defies "the fundamental antitrust rule" that judges make for poor "central planners" by appointing a judge in San Francisco as "superintendent" of the markets for mobile apps and purchases on all Android mobile devices in the United States.
"The injunction was entered at the request of a single private plaintiff, Epic Games, yet it compels Google to change its conduct toward over half-a-million non-party app developers — even though both lower courts refused to even rule on whether Epic has Article III standing to seek such a broad injunction," Google says.
The petition says the high court reiterated its rule about judges being poor central planners less than five years ago in its 2021 decision in NCAA v. Alston . Here, Google says, the order requires it to create a mechanism giving the Play Store's catalog of millions of apps to rival app stores and to create infrastructure to distribute those stores through the Play Store.
"That is akin to a court mandating that Wal-Mart provide its entire product catalog to Kohls, Dollar General, and Macy's, and letting those stores set up shop on Wal-Mart's sales floor," the petition argues.
The district court Wednesday refused to extend a deadline for Google to begin complying with parts of the injunction, including measures allowing developers to provide links in their apps to outside payment methods. The parts of the order requiring the distribution of rival app stores and access to Play's catalog are set to go into effect next summer.
The bid for high court review is the latest chapter in years of litigation initiated by Epic, maker of the popular Fortnite video game, over restrictions on Android and Apple devices that allegedly block competition from rival app stores and require use of the tech giants' own in-app payment systems, where they collect commissions from the developers.
Epic sparked the disputes in 2020 by including links in Fortnite that allowed users to make purchases outside the app, prompting Google and Apple Inc. to remove the game from their stores for violating their policies.
The Ninth Circuit affirmed the jury verdict in the case against Google on July 31, backing findings that Google monopolized the Android app-distribution market, along with a three-year injunction from U.S. District Judge James Donato requiring Google to open the Android platform to more competition from rival app stores.
Article Author
Matthew Perlman
The Sponsor
