EU court clarifies interoperability obligations for dominant tech platforms
The Court of Justice of the European Union (CJEU) has clarified the legal framework regarding interoperability obligations for dominant tech platforms, following a referral from an Italian antitrust case involving Google’s Android Auto. In 2021, Google was fined €100 million by Italy’s competition authority for refusing to allow Enel X Italia’s electric vehicle charging app to integrate with Android Auto, despite having permitted thousands of other apps. The Italian authority determined that Google’s conduct constituted an abuse of dominant position, hindering Enel’s competitiveness and consumer reach.
The CJEU’s judgment aligns with this assessment, confirming that a dominant platform’s refusal to grant interoperability can amount to antitrust abuse. Notably, the court ruled that such abuse may occur even if the platform is not indispensable to the commercial viability of the third-party app. However, the court also recognized legitimate grounds for refusal, such as the absence of a technical template for the app category at the time of the request, security or integrity concerns, or technical impossibility.
If none of these exceptions apply, the platform operator is required to enable interoperability within a “reasonable and necessary” timeframe. The court further stated that financial compensation may be appropriate, provided it reflects the third-party’s needs, the actual development costs, and the dominant undertaking’s right to appropriate benefit.
While the EU’s Digital Markets Act (DMA) imposes interoperability obligations on designated gatekeepers and core platform services, Android Auto is not currently covered by these rules. Nevertheless, the CJEU’s decision underscores that broader competition law principles on interoperability remain applicable to dominant tech firms operating in the EU, regardless of DMA designation.
