In a significant development for the ongoing legal battle between Epic Games and Google, Judge James Donato has ruled that the tech giant must open up its Android app store to rival stores as part of the remedy for its declared illegal monopoly in the case of Epic v. Google. The decision comes eight months after a unanimous jury verdict found Google's app store to be an anticompetitive entity.

During the final hearing on remedies, Judge Donato firmly dismissed any arguments suggesting that opening up the Play Store would be too burdensome or costly for Google. He emphasized the need for change and stated, "We're going to tear the barriers down, it's just the way it's going to happen... The world that exists today is the product of monopolistic conduct. That world is changing." The judge is expected to issue a final ruling within the next two weeks.

Although Epic Games emerged victorious from the jury trial last December, the responsibility of determining the appropriate remedies for the harm caused by Google's monopolistic practices fell to Judge Donato. In April of this year, Epic Games proposed a solution to effectively open up the Play Store by allowing rival stores to coexist within the Google Play store and granting them access to all apps available through Google Play. This approach aimed to provide Android users with the freedom to choose their preferred app landlord.

During the recent hearing, both parties acknowledged the feasibility of opening up the Play Store, but disagreed on specific aspects such as the timeframe, cost, and the necessity of subjecting every app from rival stores to human review by Google before their inclusion in the Play Store.

Google argued against being forced to carry potentially objectionable apps, such as the hypothetical example of the American Nazi Party app. However, Epic Games' lead attorney, Gary Bornstein, countered this argument by stating that if Google were to review every single app from third-party stores, it would grant the tech giant undue gatekeeping authority, which has already been abused in the past. Judge Donato expressed his intention to prohibit any discriminatory behavior from Google towards rival app stores, including the implementation of human review processes.

In order to address the technical details of the proposed remedies, Judge Donato has instructed Epic Games and Google to establish a "technical compliance and monitoring committee." This committee will consist of one representative from each company and a third member agreed upon by both parties. The committee will be responsible for resolving technical issues and reporting back to the court every 90 days.

In conclusion, Judge Donato has emphasized the need for Google to address and rectify the consequences of its monopolistic practices. He stated, "When you have a mountain that's built out of bad conduct, you have to move that mountain. That's what's going to happen." The final ruling is anticipated to be issued within the next two weeks, potentially marking a significant shift in the competitive landscape of the Android app marketplace.