Why Google is appealing against the US Epic Games ruling

Today, the court overseeing our ongoing US litigation with Epic Games ordered changes to Android and Google Play at Epic's request. As noted, these changes would jeopardize consumer privacy and security, make it harder for developers to promote their apps, and reduce competition on devices. While these changes will likely satisfy Epic, they will ultimately have a number of unintended consequences that harm American consumers, developers and device manufacturers.

These changes demanded by Epic follow a decision that is completely at odds with another court's rejection of similar claims by Epic against Apple – even though Android, unlike iOS, is an open platform that has always offered choice and flexibility such as multiple app applications. Stores and sideloading enabled.

We are appealing this underlying decision and will ask the courts to stay Epic's requested changes pending the appeal. Our appeal will show that:

• Apple and Google compete directly for consumers: The decision is based on the incorrect finding that Android is a separate market. In contrast, the Apple decision, which was upheld on appeal, correctly found that Android and iOS compete in the same market. This is clear to anyone who has bought a smartphone. Walk into a store that sells smartphones and you'll see the options side by side – Android phones from companies like Samsung, Motorola and many others competing right alongside Apple's iPhone. People choose between these phones based on price, quality and security.
• Google and Apple compete directly for app developers: The decision ignores what every developer in the world knows: they need to prioritize investment in development for iPhones and Androids. Developers have limited resources and must decide how much time and money they want to spend building and updating their apps for each platform. Like any company, Google wants developers to bring their best features to Android and release them on Android first. That's why we develop tools, run training programs, and invest to make developing for Android as easy as possible. Apple, of course, is doing the same thing – it's competing to convince developers to prioritize iOS.
• Android is open and Google Play isn't the only way to get apps: The decision does not take into account that Android is an open platform and developers have always had many opportunities to distribute their apps. In fact, most Android devices come pre-installed with two or more app stores. Developers also have other options, such as offering their apps directly to users through their websites. For example, Epic Games made its popular Fortnite app available to Android users through the Samsung Galaxy Store, Sideloading, and the Epic Games Store – all while Fortnite was not distributed through Google Play. These are options that developers have never been able to offer their American users on iPhones.

Android has helped expand choice, lower prices and democratize access to smartphones and apps. The original decision and today's changes demanded by Epic jeopardize this and undermine Android's ability to compete with Apple's iOS.

We look forward to continuing to make our case on appeal, and we will continue to advocate for what is best for developers, device manufacturers, and the billions of Android users around the world.