Europe’s Supreme Court has weighed the rules on the requirements of interoperability in large technology in a reference to a Google Auto Auto platform.
Back in 2021, the technological giant was hit with an antitrust fine of 100m euros from the Italian competition authority for refusing to leave a third -party electric car billing application made by Energy Company Enel X Italia to integrate with the Android Auto Platform.
Google had requested restrictions on the ENEL application to ensure that drivers had not distanced themselves – despite the company that had provided interoperability for the Android Auto platform in thousands of other applications.
The Italian authority believed that Google’s original block in Enel from integrating with Android Auto was abusing a dominant position that hurts the competitiveness of the other company, preferring its ability to attract consumers. The Tuesday’s ruling by the EU Justice Court (CJEU) is in line with the evaluation of Watchdog, as the court has confirmed that refusal to interoperability in a dominant framework for market position may be an antitrust abuse.
While the ENEL case against Android Auto had already been resolved – following Enel’s complaint, Google developed a standard for electric car charging applications, which it then continued to benefit – the CJEU crisis determines the conditions for the top technology giants when it comes to interoperability Their wars on basic platforms.
Thus, while the court found that refusal of interoperability by a company that holds a dominant market position may be abusive – including when the platform itself “is not necessary for commercial operation of the application” – the ruling states that the refusal can be justified “by the fact that there is no standard”. or where interoperability “will endanger the safety or integrity of the platform”.
An access request that would be technically impossible is also an appropriate reason for denial, the WEU said.
If none of these exceptions apply, the decision states that the platform operator must fulfill the interoperability request within a “logical and necessary” period of time. Depending on the circumstances, the court also stated that an “appropriate” financial reward may apply.
In case of payment, the press release issued by the Court notes that “it is necessary to take into account the needs of the third parties who requested the development, the actual cost of growth and the right of the business to a dominant position to obtain an appropriate benefit from it”.
He returned to respond to the WEU decision, a Google spokeswoman Jo Ogunleye sent a message to TechCrunch a statement in which the company expressed frustration with the decision.
With Android Auto, Google claims that it has prioritized the development of features that drivers need, starting with media and messages – implying that users will lose if they are forced to redirect the resource of finite to “specific companies’ applications.
‘While we have now launched The issue was only relevant to 0.04% of cars in Italy when Enel first asked for it. It priority to building the features needed by drivers because we believe that innovation must be guided by the demand of users, not for specific companies’ demands, “the company writes.” We are disappointed with this decision and now we will review it in detail, “they added.
It is worth noting that the European Union Digital Markets Act also sets regional rules on interoperability requirements in large technologies in areas such as dominant messaging applications.
However, this former competition regulation applies only to technological giants previously designated as Gatekeeper by the European Commission and only for specific basic platform services (CPS) operating, which is also defined by the EU. Thus, while Google has been named DMA Gatekeeper, the Android Auto platform is not regulated by CPS.
But as this WEU decision underlines, interoperability requirements may apply to the broader business interests of market leaders across the EU.
