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EU Article 102 TFEU: AG Medina’s Opinion in Alphabet (C-233/23) finds Bronner inapplicable to Android Auto; access and interoperability duties for digital platforms and EV charging apps

Published on: 20 January 2025

Published by a LexisNexis Competition expert

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Article summary

Alphabet and Others , Case C-233/23 What are the practical implications of this case?

The Opinion’s suggested approach could, in principle, spur innovation and rivalry by lowering barriers for newcomers to tap into digital platforms. It may likewise enhance the uptake of emerging technologies and back the creation of novel tools supporting, for instance, the energy transition. Yet it also poses notable hurdles and ambiguities, particularly around data protection, intellectual property, and cyber security. Dominant platforms, for example, would seek robust safeguards to prevent jeopardising their intellectual property rights, including carefully circumscribing the parameters of access. As the digital technology sector keeps expanding and maturing, further evolution in how competition law applies to digital platforms is probable, and actors in the digital economy will have to remain up to date with such developments in order to navigate an increasingly intricate and fluid landscape. For those operating within the digital economy, the Opinion’s proposal would necessitate a profound reorientation in how digital platforms are conceived and run. Overall, the proposal seeks to open up platforms whilst confronting material risks that will demand careful governance by all participants...

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