Google has asked a U.S. appeals court to block a judge’s order requiring the Alphabet unit to redesign its app store Play, as the tech giant prepares for what could be a lengthy appeal in its antitrust battle with “Fortnite” maker Epic Games.
In a filing, on Wednesday night, Google urged the San Francisco-based 9th U.S. Circuit Court of Appeals to pause an Oct. 7 order by U.S. District Judge James Donato that would compel the company to redesign its app store to foster more competition.
Donato is set to hear arguments on Friday on an earlier request by Google to put his order on hold while the 9th Circuit weighs a jury’s antitrust findings in the case. Donato’s order is currently due to take effect on Nov. 1.
“This is Google’s last ditch effort to protect their control over Android and continue extracting exorbitant fees,” an Epic Games spokesperson said in a statement. “The court’s injunction must go into effect swiftly so developers and consumers can benefit from competition in the mobile ecosystem.”
Google in a statement said Donato’s order “would have negative consequences for Android users, developers and device manufacturers who have built thriving businesses on Android.”
Epic persuaded a federal jury in December that Google was illegally monopolizing Android software distribution and controlling how users pay for content with apps.
Donato’s injunction requires Google to make a host of changes to its app business, including allowing users to download third-party app stores within Play, and to make Play’s library of more than 2 million apps available to rivals’ stores.