Google’s refusal to allow an e-mobility app developed by Enel access to its Android Auto platform may breach competition rules, an adviser to Europe’s top court said, siding with Italy’s antitrust authority.
The Italian antitrust regulator fined Alphabet unit Google 102 million euros ($113.2 million) in 2021 for blocking Enel’s JuicePass on Android Auto, software allowing drivers to navigate with maps on their car dashboards and send messages while behind the wheel.
“Google’s refusal to provide third-party access to Android Auto platform may be in breach of competition rules,” Court Advocate General Laila Medina said.
Medina said an undertaking abuses its dominant position if its conduct excludes, obstructs or delays access by an app developed by a third-party operator to the platform, provided that that conduct can produce anti-competitive effects to the detriment of consumers and is not objectively justified.
Google, which had cited security concerns and the absence of a specific template for refusing to make JuicePass compatible with Android Auto and appealed to the Italian Council of State, said it has since taken action to resolve the issue.
“We note the opinion of the Advocate General and await the final decision of the Court. Since this case started, we have worked to add the template Enel asked for, and many similar apps are already available globally on Android Auto,” a Google spokesperson said.
CJEU judges, who will rule in the coming months, usually follow the majority of such non-binding opinions. The case is C-233/23 Alphabet and Others.