Washington, D.C. — Following a recent decision from the United States Court of Appeals for the Ninth Circuit affirming Epic Games’ victory over Google in its lawsuit challenging its monopoly power over its operation of the Google Play Store, the American Economic Liberties Project released the following statement. 

“Tech platforms that erect barriers to insulate themselves from competition will not be tolerated by the law,” said Lee Hepner, Senior Legal Counsel at the American Economic Liberties Project. “The Ninth Circuit affirms the lower court’s common sense approach to market definition, limited application of the rule of reason, and broad discretion to impose remedies that unwind and prevent further anticompetitive conduct. Almost 5 years to the day after Epic filed its complaint against Google, now is the time for Google to comply.”

Earlier this year, Economic Liberties submitted an amicus brief in support of the district court’s injunction, which followed a unanimous jury verdict against Google in December 2023 for illegal monopolization of the markets for app distribution and in-app billing. This is the first appellate court to affirm Google’s illegal monopoly conduct, which stretches across six antitrust markets and three federal court rulings.

Learn more about Economic Liberties here.

###

The American Economic Liberties Project works to ensure America’s system of commerce is structured to advance, rather than undermine, economic liberty, fair commerce, and a secure, inclusive democracy. Economic Liberties believes true economic liberty means entrepreneurs and businesses large and small succeed on the merits of their ideas and hard work; commerce empowers consumers, workers, farmers, and engineers instead of subjecting them to discrimination and abuse from financiers and monopolists; foreign trade arrangements support domestic security and democracy; and wealth is broadly distributed to support equitable political power.