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EU competition law round-up: CJEU on Android Auto interoperability; refusal may breach Article 102; Commission merger clearances and upcoming dates

Published on: 26 February 2025

Published by a LexisNexis Competition expert
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Article summary

Antitrust Court of Justice confirms a dominant firm's refusal to enable interoperability with a third-party app can breach Article 102 TFEU

The Court of Justice handed down its judgment in Case C-233/23, Alphabet and Others, a national reference from Italy asking for clarification on whether Google’s choice to refuse third-party access to Android Auto (a mobile app for Android devices) breaches Article 102 TFEU. The Court of Justice confirmed that a dominant company’s refusal to make a third-party app interoperable can amount to an abuse of dominance, even where the platform is not indispensable to the app’s commercial operation.

Background

Google is the developer of Android OS, an open-source operating system for Android mobile devices. In 2015, Google launched Android Auto, an app for mobile devices with an Android operating system that allows users to access selected apps on their smartphone via a car’s integrated display. Third-party developers can build their own compatible versions of their apps for Android Auto by using templates supplied by Google...

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