Google’s Android Auto likely breached competition rules, EU court adviser says

(CN) — Google may have breached competition rules by not allowing an electric vehicle app made by Enel, a major Italian power company, access to its Android Auto platform, an adviser to Europe's top court said Thursday.

Laila Medina, an advocate general for the European Court of Justice, sided in a nonbinding legal opinion with Italian antitrust authorities who fined Google 102 million euros (about $113 million) for abusing its dominant market position by blocking Enel's JuicePass app on Android Auto.

Google launched Android Auto in 2015 to allow Android smartphone users access to some apps on their smartphones through a vehicle's dashboard display.

In 2018, Enel X, a division of the Enel Group that provides electric car charging services, launched JuicePass, an app that lets users find and book charging stations by navigating with maps on their vehicle displays. The app is available to Android smartphones and can be downloaded from Google Play.

But Alphabet, the parent company of Google, refused to make JuicePass compatible with Android Auto, saying its platform was compatible only with media and messaging apps made by third parties. It also justified its refusal over security concerns and said it would take a lot of money to re-engineer Android Auto to accommodate the Enel app.

In 2021, the Italian Competition Authority ruled that Google’s conduct was in breach of EU competition rules and issued the hefty fine. The antitrust regulator said Google had abused its dominant position.

Google appealed to the Italian Council of State, which referred the matter to the EU's high court. The high court is expected to make a ruling in the coming months.

Medina characterized Google's conduct as anticompetitive and unjustified. She said it was not technically impossible for Google to make JuicePass compatible and that doing so would not have “run counter to its economic model or purpose.”

“Google’s refusal to provide third-party access to Android Auto platform may be in breach of competition rules,” Medina said.

Besides fining Google, the Italian Competition Authority ordered the company to make Android Auto compatible with third-party electric charging apps and ensure JuicePass can work on the platform without problems.

The Italian authority said Android Auto was an indispensable product for app developers and drivers due to its ease of use and road safety. The agency accused Google of unlawfully favoring its own Google Maps product by excluding JuicePass.

In a statement, Google said it would "await the final decision of the court" but added that since the dispute arose it has worked to make changes to Android Auto to satisfy Enel's requests.

Advocates general provide the court with guidance and the Court of Justice often, but not always, follows their advice.

Courthouse News reporter Cain Burdeau is based in the European Union.

Follow @cainburdeau

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