Google Asks Supreme Court to Intervene in Dispute With Fortnite Creator

North America
Source: New York TimesPublished: 09/25/2025, 15:28:18 EDT
Google
Epic Games
Antitrust
App Store
Digital Economy
The Google campus in Mountain View, Calif.Credit... Kelsey McClellan for The New York Times

News Summary

Google has formally asked the U.S. Supreme Court to block a lower court order that mandates significant changes to its Play app store. Google argues that these requirements, set to take effect on October 22, are likely to cause “irreparable harm” to millions of Android users and thousands of developers. This emergency request stems from a years-long challenge initiated by Epic Games, the creator of Fortnite. Epic Games sued Google in 2020, accusing the tech giant of maintaining a monopoly in the smartphone app store market and engaging in anticompetitive practices. In December 2023, a federal jury in San Francisco found Google in violation of antitrust laws. Subsequently, in October 2024, a district court judge ordered Google to allow developers to bring their own app stores and use their own billing systems on Android for three years. In July, a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit upheld the jury’s verdict and the lower court’s order, rejecting Google’s request for a review on September 12. Google is now urging the Supreme Court to intervene swiftly to pause the order, contending it will harm its business model and potentially raise security risks for Android users.

Background

The dispute originates from Google's 30% commission on in-app purchases made through its Play Store. Epic Games initially launched Fortnite as a smartphone app in 2018 via direct downloads and Samsung's Galaxy Store, later offering it on the Google Play Store. In 2020, Epic Games embedded secret code into the app to bypass Google's mandatory payment processing, a move dubbed “Project Liberty” to protest Google's app distribution and in-app billing policies. Google responded by removing Fortnite from the Play Store for violating its terms of service, leading Epic Games to sue, alleging monopoly practices. In December 2023, a federal jury in San Francisco found Google violated antitrust laws. In October 2024, Judge James Donato of the U.S. District Court for the Northern District of California ordered Google to permit developers to bring their own app stores and use their own billing systems on Android for three years. In July, the Ninth Circuit Court of Appeals upheld this verdict, and on September 12, it rejected Google's request for review, prompting Google to seek emergency intervention from the Supreme Court.

In-Depth AI Insights

What does this case signify for Google's business model, particularly regarding its control over the Android ecosystem? - Google's Play Store is a critical revenue driver for its services segment, with the 30% commission rate contributing substantial profits. If the Supreme Court does not intervene, the lower court's ruling would force Google to allow third-party app stores and billing systems, directly eroding this core business model. - This change would not only reduce Google's direct revenue but also dilute its control over the Android ecosystem, potentially leading to platform fragmentation and increased security risks for users and developers, as Google fears. - In the long term, this compels Google to rethink its platform strategy, possibly requiring it to offset lost revenue by increasing ad monetization, offering more developer tools, or exploring alternative profit models. What are the broader implications of this antitrust case given the increasing scrutiny of big tech by U.S. regulators and courts? - This case represents a significant milestone in the ongoing wave of U.S. antitrust actions against big tech, demonstrating the judiciary's willingness to challenge the dominance of tech giants in digital markets. - As the Trump administration continues its focus on promises to 'break up big tech,' the Supreme Court's decision on Google's case will set an important legal precedent for other tech behemoths, like Apple, that may face similar antitrust challenges in the future. - Investors should view this as a clear signal that the economic model of tech companies profiting from closed ecosystems is under increasing legal and regulatory pressure, potentially necessitating structural adjustments. Beyond the financial impact, how might this ruling reshape the developer-platform relationship and the long-term effects on innovation and competition? - Allowing developers to introduce their own app stores and billing systems will grant them greater autonomy and economic benefits, potentially incentivizing new app distribution models and lower transaction costs. - This could foster increased innovation and competition within the Android ecosystem, as developers are no longer solely beholden to a single platform's rules and high commissions. Smaller developers and startups may find it easier to launch products, bypassing traditional gatekeepers. - However, such openness could also introduce challenges such as increased platform management complexity, potential security vulnerabilities, and fragmented user experiences, requiring platforms to balance openness with user protection.