BRUSSELS, Feb 25 (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.
It said if that is not the case, the dominant company must
develop a template within a reasonable period.
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)