In a Fortnite Battle Royale match, the victor is the last player or team standing. After the Ninth Circuit Court of Appeals upheld a lower court's decision on July 31, 2025, Epic Games stood with arms raised triumphantly. However, Google is likely looking for a winner-take-all rematch before the U.S. Supreme Court.
The Ninth Circuit's affirmation of the 2023 decision threatens massive changes to the Google Play Store's business model, challenging what the ruling considers antitrust violations and a monopoly over Android users and other patrons. Already riding high over a partial victory against Apple and the business practices of its app store in May 2025, Epic Games is poised to use Fortnite to remake how the largest platform on the planet treats app developers. Seems appropriate for a game that has a mode called "Save the World."
All Aboard the Battle Bus!
Released in 2017 by Epic Games, Fortnite quickly became a worldwide phenomenon. While all of its modes are popular (and free-to-play except for Save the World), the multi-player Battle Royale mode has driven Epic Games' success. With hundreds of millions of registered players interacting across multiple platforms, Battle Royale remains one of the behemoths of the online gaming world.
Whether in solo or team mode, the goal of Battle Royal remains the same: knock everyone else out of the game. In each match, up to 100 players parachute out of a "Battle Bus" flying over an island, ending up strewn across the land mass. Weapons of varying strength are randomly distributed across the island as players can build defensive structures and fight one another while remaining cognizant of the constantly shrinking battlefield, which eliminates those who don't remain within the "eye of the storm."
Matches are generally resolved in under 30 minutes, and eliminated players can immediately try again. While most Fortnite modes are free, purchases for costumes (referred to as "skins") and battle passes are available through V-Bucks, an in-game currency created by Epic Games. This has allowed Epic Games to rake in revenues estimated to be in the tens of billions since the game's original release.
Epic Games initially tried to avoid using the Google Play Store as a download source for Android users, unwilling to pay fees that went as high as 30% for downloads. After realizing it was fairly impossible to access Android users in any other significant way, Epic Games began offering Fortnite in the Google Play Store in 2020. However, they embedded hidden code that would allow all in-game purchases to bypass Google and make payments directly to Epic Games.
Time for a Different Kind of Battle Royale
Google quickly discovered what Epic Games was doing and banned Fortnite from the store in 2020. The Apple Store followed suit. Epic Games quickly filed individual lawsuits against the online giants. Fortnite returned to the Apple Store in May 2025 after a split decision that ruled Epic Games was on the hook for $3.6 million for breach of contract, but that Apple had violated California’s Unfair Competition Law.
Epic Games' suit against Google ended in 2023, with a jury deciding that the Google Play Store policies violated federal and state antitrust laws. Their case was aided by internal documents showing Google was actively trying to maintain a monopoly. The court entered a permanent injunction against Google to restore market competition, which the Ninth Circuit upheld. The appeals court also rejected Google's argument that its case was similar to the Epic/Apple ruling and should receive the same adjudication.
The injunction, which was held by a stay that is now lifted, forbids the platform from imposing mandatory Google Play Billing usage on developers and using revenue-sharing deals to make deals with device manufacturers. It also forces Google to make large concessions to its competitors, including allowing them to be listed in the Google Play Store.
Given that the ruling would cause a massive upheaval in how the Play Store functions, it's hardly surprising that Google announced its intention to petition the Supreme Court.
Related Resources
- Meta's Monopoly Trial in a Nutshell (FindLaw's Courtside)
- Appealing a Court Decision or Judgment (FindLaw's Litigation and Appeals)
- What Is an Injunction? When Can You Get One? (FindLaw's Law and Daily Life)
