By Foo Yun Chee
BRUSSELS (Reuters) -Alphabet unit Google’s refusal to allow an e-mobility app developed by Enel access to its Android Auto platform can be considered an abuse of its market power, Europe’s top court said on Tuesday as it sided with Italy’s antitrust authority.
The Italian watchdog fined Google 102 million euros ($106.7 million) in 2021 for blocking Enel’s JuicePass on Android Auto, software that allows drivers to navigate with maps on their car dashboards and send messages while behind the wheel.
Google, which had cited security concerns and the absence of a specific template for refusing to make JuicePass compatible with Android Auto, had challenged the decision at the Italian Council of State which subsequently sought guidance from the Luxembourg-based Court of Justice of the European Union (CJEU).
Google has since resolved the issue, but the judgment could guide dominant companies’ actions in similar situations in the future.
CJEU judges backed the Italian regulator.
“A refusal by an undertaking in a dominant position to ensure that its platform is interoperable with an app of another undertaking, which thereby becomes more attractive, can be abusive,” they said.
However the Court also said companies can justify their refusal if there is no template for the category of apps concerned and that to grant interoperability in such a situation would compromise the security or integrity of the platform.
If that is not the case, the dominant company must develop a template within a reasonable period, it said.
Google said that it has now launched the feature Enel requested but at the time of the request, it was relevant for only 0.04% of cars in Italy.
“We prioritise building the features drivers need most because we believe that innovation should be driven by user demand, not specific companies’ requests,” a Google spokesperson said.
The ruling is final and cannot be appealed. The Italian Council of State will now have to rule on Google’s appeal in accordance with the CJEU judgment.
The case is C-233/23 Alphabet and Others.
($1 = 0.9558 euros)
(Reporting by Foo Yun CheeEditing by Christina Fincher)
