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Federal judge orders Google to open its Android app store to competition
Washington

Federal judge orders Google to open its Android app store to competition

SAN FRANCISCO – A federal judge on Monday ordered Google to tear down the digital walls that protect its Android app store from competition as punishment for maintaining an illegal monopoly that has helped expand the company’s Internet empire.

The preliminary injunction issued by U.S. District Judge James Donato requires Google to make several changes that the Mountain View, California-based company had resisted. This includes a provision that requires the Play Store for Android apps to outcompete competing third-party app stores so that consumers can download them to their phone if they wish.

The judge’s order will also make the millions of Android apps in the Play Store library available to competitors, allowing them to offer a competitive selection.

Donato is giving Google until November to make the changes required by his order. The company had insisted it would take 12 to 16 months to develop the necessary protections to reduce the likelihood of potentially malicious software entering rival Android app stores and infecting millions of Samsung phones and other mobile devices. that run the free Android software.

The court-ordered overhaul is intended to prevent Google from foreclosing competition in the Android app market to protect a commission system that has been a boon for one of the world’s wealthiest companies and helped boost the market value of its parent Alphabet Inc. to $2 trillion.

Google said in a blog post that it will ask the court to suspend the pending changes and will appeal the court’s decision.

Donato also ruled that for a period of three years until November 1, 2027, Google will not be able to share revenue from its Play Store with anyone who distributes Android apps or the launch of a distribution platform or store for them Android apps into consideration. It is also not allowed to pay developers or share revenue to launch an app first or exclusively on the Google Play Store, and no agreements can be made with manufacturers to pre-install the Google Play Store in a specific location on an Android Device. It also won’t be able to require apps to use its billing system or tell customers they can download apps elsewhere and potentially at a cheaper price.

The Play Store has been making billions of dollars annually for years, largely through commissions of 15% to 30% that Google charges on digital transactions in Android apps. It’s a similar fee structure to the one Apple uses in its iPhone App Store – a structure that led video game maker Epic Games to file antitrust lawsuits four years ago to encourage competition that could help drive prices down both for app manufacturers as well as for Apple consumers.

A federal judge largely sided with Apple in a September 2021 decision that was upheld by an appeals court. Still, after a four-week trial that concluded last year, a jury sided with Epic Games and delivered a verdict that called the Play Store an illegal monopoly.

This led to another round of hearings this year to help Donato decide what steps should be taken to restore fair competition. Google argued that Epic Games was seeking some extreme changes and cost the company up to $600 billion. Epic claimed Google could level the playing field for just $1 million. It’s unclear how much the changes ordered by Donato will cost Google.

Although Epic lost its antitrust case against Apple, Donato’s ruling could still have implications for the iPhone App Store as another federal judge weighs whether Apple is making it easy enough to promote different ways for consumers to pay for digital transactions. As part of U.S. District Judge Yvonne Gonzalez Rogers’ decision in the case, Apple was ordered to allow in-app links to alternative payment systems. However, Epic claims that the provision is undermined by creating another commission system that limits consumer choice.

The upcoming restructuring of the Play Store could be just the first unwelcome shock that antitrust law throws at Google. In the U.S. Department of Justice’s largest antitrust case in a quarter century, U.S. District Judge Amit Mehta also declared Google’s dominant search engine an illegal monopoly in August and is now preparing to begin hearings on how to punish Google for this bad behavior . Google is appealing Mehta’s ruling in the search engine case, hoping to stave off a penalty that could hurt its business even more than the changes ordered in the Play Store.

“If the verdict survives the appeal process, Google will almost certainly suffer a decline in sales,” said Emarketer analyst Evelyn Mitchell-Wolf. “There’s no doubt that some of the biggest app developers like Epic Games will start to grab market share from the Google Play Store, meaning Google will lose its usual cut of subscriptions and in-app purchases.”

The analyst added that while the Google Play Store will likely continue to benefit from brand recognition since it has been the default Android app store for so long, “some consumers may defect if they find better deals on their favorite apps elsewhere.” And app developers will likely take the opportunity to educate consumers about direct downloads.

“As a result, Google may see reduced Play Store revenue even among Android users who stick to the default setting,” Mitchell-Wolf said.

Shares of Alphabet fell $4.08, or 2.4%, to close at $162.98 on Monday.

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