Luxembourg (Brussels Morning Newspaper) – The Court of Justice of the European Union (CJEU) said that Google’s denial to authorise an e-mobility app created by Enel access to its Android Auto platform could be considered an abuse of its market power. European court sided with Italy’s antitrust authority.
Alphabet’s Google was fined 102 million euros by Italian Watchdog for blocking Enel’s JuicePass on Android Auto, software that permits drivers to navigate with maps on their car dashboards and send notifications while behind the wheel.
Google, which had mentioned security situations and the lack of a specific template for declining to make JuicePass consistent with Android Auto, had contested the decision at the Italian Council of State, which subsequently sought direction from the CJEU.
Why did the CJEU rule against Google?
CJEU judges supported 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 ruled.
In addition, the Court also stated companies can justify their denial if there is no template for the category of apps involved and that granting interoperability in such a case would compromise the security or integrity of the platform. If that is not the case, the dominant firm must develop a template within an appropriate period, it stated.
Google stated that it has now implemented the feature Enel requested, but at the time of the request, it was appropriate 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 stated.
Why did Google lose its €2.4bn shopping case?
Furthermore, earlier in September 2024, the CJEU ruled that Google must pay a €2.4 billion fine imposed for manipulating the market dominance of its shopping comparison service. Google had appealed the penalty, which was initially imposed by the European Commission in 2017.
It was at the time the biggest penalty the Commission had ever levied – though it has since been replaced by a €4.3bn fine, also against Google. Google stated it was “disappointed” with the ruling. It brought an end to a long-running case that British firm Foundem first brought in 2009 when the UK was still part of the European Union.
CJEU said in its ruling the Commission was right to find Google’s conduct “discriminatory” and its appeal “must be dismissed in its entirety”. It compelled Google and its owner, Alphabet, to bear their own costs and compensate for the costs incurred by the European Commission.
