The European Union’s highest court has ruled that Google refusing to allow Enel’s e-mobility app, JuicePass, access to its Android Auto platform could be classified as an abuse of market power.
The Court of Justice of the European Union (CJEU) delivered its verdict on Tuesday, backing a decision by Italy’s antitrust authority, which had previously fined Google €102 million for the restriction.
Italy’s competition regulator imposed the penalty in May 2021, arguing that Google’s deeds hindered the growth of electric vehicle services at a critical time. JuicePass, developed by Enel, allows users to locate and manage electric vehicle charging points.
However, Google initially prevented the app from integrating with Android Auto, a system that enables drivers to use navigation and messaging services directly from their car dashboards.
Google defended its viewpoint, noting security issues and the absence of a specific template for such apps. The tech giant challenged the Italian regulator’s decision, prompting the Italian Council of State to seek clarification from the CJEU.
“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,” the CJEU judges stated.
However, they acknowledged that a company might justify such a refusal if allowing access would compromise the platform’s security or integrity. In cases where no suitable template exists, the court ruled that the dominant company must develop one within a reasonable timeframe.
Following the dispute, Google has since launched the requested feature, though it noted that at the time of Enel’s request, the technology was only relevant to 0.04% of vehicles in Italy.
A company spokesperson commented, “We prioritise building the features drivers need most because we believe that innovation should be driven by user demand, not specific companies’ requests.”
The Italian Council of State will now have to rule on Google’s appeal in line with the CJEU’s judgment. The case is considered final and cannot be appealed further.
