Judge James Donato’s criticism came during a May 2024 hearing over remedies in Epic Games’ antitrust case against Google. He was not persuaded by Google’s broad prediction that Epic’s proposals would make Android chaotic or unsafe—but he also questioned parts of Epic’s proposed remedies as too vague. The hearing was not the final ruling: the court later ordered major changes to Play Store payment and app-distribution rules, and disputes over how those changes work in practice continued into 2026.
What Judge Donato objected to in May 2024
Epic sued Google after a dispute over Fortnite-related distribution activity escalated into a challenge to Google’s control over Android app distribution and in-app payments. The case asked whether Google used unlawful conduct to protect its position in app distribution and billing, including by restricting rival app stores and developers’ ability to direct users to other payment options.
At the remedy stage, Google argued that Epic’s proposed changes were excessive. It warned of greater exposure to malware, deceptive or pirated apps, inconsistent security standards, developer confusion, and reduced compensation for Play’s services. Epic sought changes that would make it easier for developers to communicate with users about alternatives and for rival stores to reach users and compete.
Contemporary reporting on the hearing said Donato was not convinced by Google’s worst-case account of an uncontrollable Android ecosystem. That was not a finding that security concerns were imaginary or that every Epic proposal was sound. Donato also questioned proposals he considered vague or open-ended, indicating that any order would need workable limits. The May 2024 hearing account is reporting on his remarks, not a complete transcript.
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Why the hearing was not the final decision
Three stages matter. The jury’s verdict addressed liability—whether Google violated antitrust law. The remedy hearing concerned what changes the court should order in response. Implementation is the separate question of how those changes operate, including eligibility, deadlines, safeguards, and whether users can actually find alternatives.
So the headline captures a judge’s skepticism of Google’s argument, not a standalone ruling that settled the remedy. Donato issued a permanent injunction on October 7, 2024. The Ninth Circuit later affirmed the verdict and injunction, while subsequent proceedings addressed timing and implementation.
What the injunction changed
Payments and links to outside options
The injunction restricted Google from preventing covered developers from telling users about outside-app prices or payment options, linking users to external content or transactions, and offering payment methods other than Google Play Billing in covered circumstances. These provisions address the ability to steer users toward alternatives; they do not mean developers necessarily pay Google nothing.
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Google’s developer-policy notice describes these changes for apps serving users in the United States and says the relevant obligations were implemented by October 29, 2025. It also says reporting and applicable service-fee obligations for covered alternative-billing or external-link activity begin October 1, 2026. Developers should check Google’s current policy notice for program terms and applicable requirements.
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The injunction also addressed third-party Android app-store distribution and access to Google Play’s app catalog. These are structural parts of the remedy: a rival store needs more than permission to exist if it is to offer users and developers a credible alternative. The Ninth Circuit referred to these as the catalog-access and app-store-distribution remedies.
The order should not be read as requiring Google to host every app store everywhere or to abandon security controls. The practical obligations have defined scope and implementation conditions, and the current Google notice focuses on US users and US Android app stores.
What happened on appeal
On July 31, 2025, the Ninth Circuit affirmed the jury verdict and permanent injunction. Google then sought a partial stay. In a September 12, 2025 order, the appeals court denied the request and extended the compliance period for the key catalog-access and third-party-store provisions to ten months after issuance of the appellate mandate. The Ninth Circuit’s merits decision and its September remedy-timing order explain those stages.
The Supreme Court denied Google’s application for a partial stay on October 6, 2025. That denial left the injunction in effect; it was not a new Supreme Court decision on the merits of the antitrust case. The Supreme Court docket records the application and its disposition.
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What US developers and Android users can expect
Google says its US implementation includes options for alternative billing and external links, as well as programs for third-party app stores and Play catalog access. These measures can give developers more ways to reach users and offer payment choices. Their availability is geographically limited in the notice; it should not be described as a worldwide change.
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Alternative payment options do not automatically remove Google’s fees. Google says reporting and relevant service fees apply to covered activity beginning October 1, 2026. The details depend on the applicable program and transaction, so developers should consult the policy terms rather than assume that an external payment route is fee-free.
For users, the potential benefit is more choice in where to obtain apps and how to pay for digital goods. The trade-off is that installing from outside a familiar store can involve different security and support practices. The injunction does not erase those risks; the legal issue is whether restrictions imposed in the name of security go further than necessary and impede competition.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Formal access is not the same as effective competition
A rival store can be technically eligible yet struggle to compete if users cannot find it, enrollment is difficult, developers are listed without clear understanding of the consequences, or security and certification requirements are impractical for smaller participants. Warning screens and installation friction can also affect whether users try an alternative. Those are implementation questions, not proof by themselves that a program is either adequate or inadequate.
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An August 14, 2026 report said Donato was still questioning whether Google was doing enough to help users find rival app stores. That keeps discoverability at the center of the dispute: compliance on paper matters, but so does whether competing stores can reach users in practice. The August 2026 report describes that continuing concern.
Current status as of August 18, 2026
Google’s policy notice says Google and Epic entered a new settlement agreement on March 4, 2026, and asked the district court to approve a revised modified injunction. The same notice says eligible third-party US Android app stores could begin onboarding to Google’s Third-party App Store on Play Program on July 15, 2026, and that the Play Catalog Access program became effective on July 22, 2026.
The notice establishes that the parties sought a revised order; it does not establish that the district court had entered or finally approved it. The appellate ruling, Google’s implementation programs, the proposed revised injunction, and ongoing questions about practical access are distinct parts of the case’s current posture.
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