Ninth Circuit Court’s Decision in Epic v. Google Threatens to Upend the App Economy and America’s Small Tech Businesses

WASHINGTON, DC – Today, the Ninth Circuit Court of Appeals regrettably ruled to uphold the lower court’s decision, ignoring the rights of app developers to choose where to sell their own products and threatening today’s competitive and innovative app economy.

“This ruling tells small app developers that they don’t know how to run their businesses, but it’s OK because federal judges are here to save the day” said Morgan Reed, president of ACT | The App Association. “The Ninth Circuit’s judgment ignores the concerns of small app developers and emerging technology businesses whose livelihoods are threatened by the outcome of this case. It keeps in place the disastrous remedies that will make significant – and likely harmful – changes to the app ecosystem. Countless small businesses rely on curated online marketplaces for instantaneous trust and seamless distribution to reach customers. These marketplaces play a vital role in providing small firms with secure market access, consumer trust, developer autonomy, dispute resolution, and meaningful consumer analytics. These benefits have been transformative for the digital and broader economy. Today, the Ninth Circuit put all of this at risk.”

The App Association filed an amicus brief in this proceeding urging the Ninth Circuit to vacate the lower court’s judgment and to, at a minimum, vacate the permanent injunction in favor of remedies that would appropriately protect app developers’ rights. The App Association will continue to advocate for solutions that work for small businesses throughout the appeals process.

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