Google's Android Auto Access Restrictions Could Violate EU Laws, Court Adviser Suggests

The operation of digital marketplaces and access to platforms remains a contentious battleground in the European Union, as evidenced by ongoing disputes involving tech giants and competition authorities. A stark illustration of this comes from a recent development where an adviser to the EU's top court expressed agreement with an antitrust ruling from Italy regarding Google's practices. In this instance, the focus is on the American company's car dashboard software, Android Auto.

The case centers on an e-mobility application developed by the Italian energy company Enel. The app, known as JuicePass, offers various services to electric vehicle owners, including locating and accessing charging stations. Despite its utility to drivers, Google has resisted integrating JuicePass into the broader ecosystem of Android Auto, a software system that relays apps and services onto car dashboards, facilitating safer vehicle operation.

In a decision that reverberated through the corridors of power within the tech world, Italy's antitrust authority levied a hefty 102 million euros fine against Alphabet Inc., Google's parent company, back in 2021. The rationale was clear: by impeding JuicePass from working on the Android Auto platform, Google was not only harming Enel but also stifling competition and potentially affecting consumer choice and convenience. Google, justifying its actions, has raised concerns of security and the app's non-conformance to existing templates as reasons for this exclusion.

The tech giant was prompt in its response, challenging the antitrust ruling handed down by the Italian authority. The matter was escalated to the Italian Council of State, which, in turn, sought insight from the EU Court of Justice (CJEU) based in Luxembourg. The advisement from Advocate General Laila Medina to the CJEU was recently made public, potentially setting a precedent for how dominant players in the tech industry manage third-party app integration.

AG Medina's statement points to a violation of EU competition rules if a company's practices unjustifiably obstruct third-party applications from accessing its platform, especially if it can be shown that such practices harm consumers competitively. This line of reasoning underpins the critical emphasis on open competition and consumer benefit in the EU's regulatory landscape.

The coming months will reveal the weight of this advisory opinion as CJEU judges make their ruling. Historically, judges tend to align with the majority of such opinions, although they are not legally binding. Should the court decide in favor of the antitrust authority's decision, it could prompt a considerable shift in how platform dominance is perceived and regulated within the EU, with broader implications for Google and potentially other tech behemoths with similar ecosystems.