ICLE on the 9th Circuit’s Google Play Case

An ICLE amicus brief to the 9th U.S. Circuit Court of Appeals in the Epic Games v. Google case was cited by Law360 in a story about the case. You can read the full piece here.

The International Center for Law and Economics’ brief focused heavily on the legal implications of Judge Donato’s mandate, arguing the injunction wrongly excludes Apple from the market, thus ascribing to the Play Store far more market power than it really has, and also excluding Google’s “legitimate aims” like bolstering security and recouping its investments.

In addition, ICLE argued the injunction goes against the general presumption under U.S. antitrust law that companies have no duty to deal with rivals, a principle Judge Donato recognized in his jury instructions but that, according to the think tank, the injunction still goes against by requiring Google to provide its catalog of apps and its distribution pathway to rival app stores.