In an effort to make Epic's case fail under the Ninth Circuit's FTC v. Qualcomm opinion (which for the time being, and possibly for a very long time to come, constitutes controlling law in the Ninth Circuit, now that the FTC's petition for an en banc rehearing has been denied), Google argues that Epic actually alleges Google has an antitrust duty to deal, but attempts an end-run around the high hurdle for such a duty by seemingly relying on other theories: Google says Epic has no Sherman Act Section 1 case based on Google's app distribution agreements with developers as Section 1 applies only to concerted action by parties, not to terms unilaterally imposed by one party (here, Google).