Epic v. Google: Setting The Bar For Affirmative Antitrust Remedies In The Digital Age

The July 2025 decision by the Ninth Circuit Court of Appeals in Epic Games v. Google marks a landmark development in the ongoing evolution of antitrust remedies for unilateral conduct in the technology sector.¹The court's willingness to affirm not just prohibitory, but also mandatory, forward-looking injunctions—requiring Google to take affirmative steps to open its Android app ecosystem to competition—signals a vigorous approach to restoring competition in digital platforms. This post examines the key remedies upheld by the Ninth Circuit and analyzes the broader legal significance of the Ninth Circuit's holdings for antitrust enforcement in the technology sector.

Background

• In 2020, Epic Games filed parallel suits against both Apple and Google after they each removed Fortnite from their app stores following Epic's attempt to bypass their respective bans on in-app payment systems and the associated 30% commission by embedding alternative payment code in Fortnite.