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Google's Play Store won't have to open to competitors just yet

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Epic’s lawsuit against Google resulted in a final ruling that would require Google to open up its Play Store to third-party app store competitors, but that no longer appears to be a requirement. Judge James Donato, the judge presiding over the case, made some changes to his ruling following Google’s request for a stay on the new regulations that Google was going to have to follow. This also comes after Google confirmed it would be filing for an appeal to that ruling. No doubt in hopes that the entire ruling will be reversed.

In the original ruling, Donato said Google would be required to open up its Play Store to third-party app stores. That would mean that companies like Epic could bring an Android version of the Epic Games Store to the Play Store. Where it would be more easily discoverable by users. The ruling also stated that Google would have to allow this for three years to allow competition to gain some growth. All of this was set to begin on November 1, 2024. So, just under two weeks from now.

Here’s where the change takes place. Donato has granted Google’s request for a stay. This means the Play Store can remain closed to competitors for the time being. Giving Google time to follow through with its appeal. The stay was also granted to all other parts of the ruling except for one of the requirements Donato was imposing.

Epic’s Play Store lawsuit that would allow competitors access still requires one key change

While Google won’t have to comply with most of Donato’s ruling, for now, one part of the ruling remains intact and will begin on the proposed November 1 date. Google will no longer be able to ink deals with developers or manufacturers that would benefit the Play Store and wall off competitors. In Epic’s lawsuit claims were made that Google was securing deals with developers and manufacturers that harmed competition. For example, it would offer revenue share, perks, and/or money to manufacturers to make the Play Store the only pre-installed app store on their devices.

It was offering similar deals to developers to put their apps on the Play Store exclusively. Donato ruled that this in fact did harm competition and was part of the reason the Play Store was designated as an illegal monopoly. Starting November 1, Google can no longer make these deals. It’s not likely to be quite as impactful as Google having to comply with the full ruling. However, it should allow a small opportunity for the time being for competitors to stand a chance against Google.

Google could be granted a longer stay by the Ninth Circuit

Donato’s administrative stay may be temporary but there is a chance Google could have it extended. With the temporary stay in place, Google has time to appeal the verdict with the Ninth Circuit. The appeal could still end up in Epic’s favor. That being said, Donato says that he believes the Ninth Circuit may also grant a longer stay, The Verge reports. That would allow Google to push out the initial ruling even further. Potentially allowing it to circumvent Donato’s initial ruling for several years.

There’s also the possibility that the appeals court could reverse Donato’s decision. It’s still too early to tell what happens there, but there are some things that will be impacted immediately. Microsoft recently announced it would soon allow Xbox gamers to buy and play games from the Xbox app on Android. That might not happen for quite some time now. With the administrative stay in place, Google no longer has to allow developers the ability to choose another option other than Google Play Billing for transactions.

That leaves companies like Microsoft with two options. One is to put its plan for purchasing Xbox games from the app on hold. The other is to use Google Play Billing. The former seems more likely.

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