EU: Android Auto Platform May Be Anti-Competitive

Sept 27, 2024 Benn-Ibler Rechtsanwälte

Google could potentially be under an obligation to grant third parties access to its Android Auto platform. According to Advocate General, Laila Medina, Google’s outright refusal to grant access to Android Auto may be in breach of antitrust rules.

Google is the developer of the Android operating system, an open source operating system for Android mobile devices. In 2015, Google launched Android Auto, an application for mobile devices running the Android system that allows users to access certain apps on their smartphones through the built-in screen in their cars. Third-party developers can use templates provided by Google to create versions of their own apps that are compatible with Android Auto.

Enel X is an Italian provider of electric vehicle charging services. In 2018, Enel X launched its JuicePass app and asked Google to enable Android Auto compatibility for JuicePass. Google refused, stating 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 as well as a lack of resources to comply with Enel X’s request.

Google’s actions violated EU competition law, the Italian competition authority found. By hindering and delaying the release of the JuicePass app on the Android Auto platform, Google abused its dominant position. Google then challenged this decision before the Italian Council of State, which has recently referred the case to the Court of Justice.

In her Opinion, the Advocate General commented as follows:

Abuse of dominant position occurs when companies exclude, impede, or delay access to application platforms developed by other companies if such practices are likely to cause any competitive disadvantage to consumers and are objectively unjustified. A company with a dominant position, such as Google, could refuse to grant access to its platform to a third party, and this may be objectively justified if doing so is not technically feasible, or if doing so could undermine the performance of the platform, or if the application runs counter to the company’s business model.

ECJ Opinion, Case C-233/23 (5 September 24)