Google: ECJ expert suspects infringement of competition law with Android Auto

Google's refusal to grant third parties access to Android Auto is likely to violate European competition law, according to an ECJ Advocate General.

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The Android Auto start screen can be seen on the on-board display of a car.

Android Auto in a car.

(Image: c't)

2 min. read

In a dispute between the Italian energy company Enel and Google over access for the JuicePass charging app to the Android Auto vehicle platform, which has been dragging on for years, there are signs that the highest court will soon rule on the matter. Laila Medina, Advocate General at the European Court of Justice (ECJ), presented her opinion on the matter on Thursday.

According to her opinion, a company abuses its dominant position if it excludes, hinders or delays an app developed by a third-party provider from its own platform. According to the applications in case C-233/23, the prerequisite for this is that the conduct of a dominant company such as Google is likely to have anti-competitive effects to the detriment of consumers.

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One of the reasons given by the Android manufacturer for its refusal is that, in addition to granting consent in principle, it would have to develop an interface that takes into account the specific needs of the Enel subsidiary X. Only media and messaging apps are actually compatible with Android Auto.

However, according to Medina, this additional effort alone cannot justify a refusal of access, at least if a reasonable timeframe is available for the development and the dominant company is paid appropriate remuneration. Google must inform Enel of these two aspects upon request.

Enel X provides services for charging electric vehicles. In September 2028, the company asked Google in vain to make JuicePass compatible with Android Auto. The Italian competition authority then decided that the platform operator's behavior violated EU competition law. Google challenged this decision before the Italian Council of State, which referred the matter to the ECJ.

The opinions of the Advocates General are not binding for the Court of Justice, but the Luxembourg judges often follow the recommendations. A ruling can be expected in a few months' time following the current deliberations.

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This article was originally published in German. It was translated with technical assistance and editorially reviewed before publication.