According to Europe's highest court, Google's refusal to allow Enel's e-mobility app access to its Android Auto platform could be deemed an abuse of its market dominance. This stance aligns with Italy's antitrust authority, which penalized Google with a fine of 102 million euros in 2021 for impeding Enel's JuicePass compatibility on Android Auto.
Initially, Google had cited security concerns and the lack of a standardized format as reasons for not accommodating JuicePass on Android Auto. Nevertheless, after challenging the decision at the Italian Council of State, the issue was brought before the Court of Justice of the European Union in Luxembourg for guidance.
Subsequently, Google resolved the matter, but the court's ruling may influence the behavior of dominant companies in similar circumstances going forward. The court supported the Italian regulator's position, stating that a dominant company's refusal to ensure platform interoperability with another company's app can constitute abuse.
However, the court also acknowledged that refusal could be justified if no standard template exists for the relevant app category, and granting interoperability would jeopardize platform security or integrity. In such cases, the dominant company must develop a template within a reasonable timeframe, as outlined by the court.
Google has since implemented the feature requested by Enel, although at the time of the request, it was applicable to only 0.04% of cars in Italy. A Google spokesperson emphasized prioritizing features based on user demand rather than specific company requests.
The court's verdict is final and not subject to appeal. The Italian Council of State will now review Google's appeal in line with the CJEU judgment in case C-233/23 Alphabet and Others.