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An adviser to the EU top court agreed with Italy’s antitrust agency noting that Alphabet’s (NASDAQ:GOOG) (NASDAQ:GOOGL) unit Google’s refusal to allow an app developed by Enel X to its Android Auto platform may breach competition rules of the region.
In September 2018, Enel X asked Google to make JuicePass — an app which offers some features for charging electric vehicles — compatible with Android Auto, an app which enables users to access certain apps on their smartphone via a car’s integrated display. However, Google refused, noting that in the absence of a specific template, media and messaging apps were the only third party apps compatible with Android Auto. Google also cited security concerns and the need to allocate resources necessary for the creation of a new template, as reasons for refusal, according to a press release by the Court of Justice of the European Union, or CJEU.
“Google’s refusal to provide third-party access to Android Auto platform may be in breach of competition rules,” said Advocate General Laila Medina of the CJEU.
CJEU consists of two courts — the Court of Justice and the General Court.
The Italian Competition Authority found Google’s conduct to be in breach of EU competition rules, noting that in obstructing and delaying the publication of JuicePass on Android Auto, Google had abused its dominant position. Google challenged the decision before the Italian Council of State which then referred the issue to the Court of Justice.
The Italian antitrust agency had fined Google €102M ($113.18M) in 2021, according to a report from Reuters.
The CJEU noted that the Advocate General’s opinion is not binding on the Court of Justice. It is the role of the Advocates General to propose to the Court. The Judges of the Court will start their deliberations in this case and a judgment will be given at a later date.