EU Court Backs Italy’s Antitrust Watchdog in Google Android Auto Case

Google’s refusal to allow an e-mobility app developed by Enel to access its Android Auto platform constituted an abuse of market power, the European Union’s top court ruled on Tuesday, siding with Italy’s antitrust authority.

The Italian competition watchdog fined Google €102 million ($106.7 million) in 2021 for blocking Enel's JuicePass app on Android Auto. The platform enables drivers to use navigation and messaging features on their car dashboards.

Google, citing security concerns and the absence of a specific app template, had challenged the fine at Italy’s Council of State, which sought guidance from the Court of Justice of the European Union (CJEU).

While Google has since resolved the issue, the ruling could set a precedent for dominant companies in similar cases.

CJEU judges upheld the Italian regulator’s stance, stating that “a refusal by a company in a dominant position to ensure interoperability with another firm’s app, thereby making it more competitive, can be abusive.”

However, the court noted that companies may justify such refusals if no existing template supports the app’s category and if granting access would compromise security or platform integrity. In such cases, the dominant company must develop a template within a reasonable timeframe.

The ruling is final and cannot be appealed. The Italian Council of State must now rule on Google's appeal in line with the CJEU’s decision.

The case is C-233/23 Alphabet and Others.

($1 = €0.9558)

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