An adviser to Europe's top court on Thursday agreed with Italy's antitrust authority that Google's refusal to allow an e-mobility app developed by Enel access to its Android Auto platform may breach competition rules. The Italian antitrust authority fined Alphabet unit Google 102 million euros ($113.2 million) in 2021 for blocking Enel's JuicePass on Android Auto, software allowing drivers to navigate with maps on their car dashboards and send messages while behind the wheel. Google cited security concerns and the absence of a specific template for refusing to make JuicePass compatible with Android Auto. It challenged the antitrust ruling at the Italian Council of State, which subsequently sought guidance from the Luxembourg-based Court of Justice of the European Union. "Google's refusal to provide third-party access to Android Auto platform may be in breach of competition rules," Court Advocate General Laila Medina said. Medina said an undertaking abuses its dominant position if its conduct excludes, obstructs or delays access by an app developed by a third-party operator to the platform, provided that that conduct can produce anti-competitive effects to the detriment of consumers and is not objectively justified. CJEU judges, who will rule in the coming months, usually follow the majority of such non-binding opinions. The case is C-233/23 Alphabet and Others.
