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The Supreme Court in Europe clarified the rules related to the requirements of inter -operating on the large technology in referring on a case related to the Google Android Auto platform.
Again in 2021The technology giant was hit with a fine of 100 million euros of monopoly by the Competition Authority in Italy for refusing to allow the application of the third -party electric car shipping by ENEL X ITALIA Energy with the Android Auto platform, which is a copy of its mobile operating system in order to use In the car.
Google had claimed that the restrictions imposed on the ENEL app are necessary to ensure that drivers were not dispersed – although the company has granted the interview to its Android Auto platform for thousands of other applications.
The Italian authority has taken a vision that the initial Google block on ENEL of integration with Android Auto formed a misuse of a dominant position that affected the ability of the other company by experimenting with its ability to attract consumers. The Justice Court’s decision is in line on Tuesday with the evaluation of the International Energy Agency, as the court confirmed that the refusal of the interconnectional operation in the context of the dominant market’s position could be worse to combat monopoly.
While ENEL VS. case has already been resolved Android Auto – After ENEL complaint, Google developed a template for electric car charging applications that later continued to benefit from – the CJEU referee defines conditions for the leading technology giants in the market when it comes to the interim operation that can have an application on a wider scale for applications who seek to seek To connect their goods on main platforms.
So, while the court found that rejecting the interim operation by a company is a dominant position in the market could be offensive – including when the platform itself is “indispensable to the commercial operation of the application” – the ruling states that rejection may have what justifies it “The fact that there is no template for the applications category” at the time of the arrival request; Or when giving the interconnectional operation “it would lead to a waiver or safety of the statute.”
CJEU said that the request for access to technically impossible is a suitable reason for rejection.
If none of these exceptions is applied, the ruler states that the articles of association must meet the inter -operating request during a “reasonable and necessary” period of time. Depending on the circumstances, the court also said that the “appropriate” financial compensation may be applied.
In the case of any batch, press release The court notes that “it is necessary to take into account the needs of the third party pledge, which requested this development and the actual cost of development and the right to pledge to a dominant situation to derive it for an appropriate benefit from them.”
A response to CJEU’s decision was reached, Google spokeswoman for Jo Ogunleye via Techcrunk sent the company in which the company expressed disappointment with the ruling.
With Android Auto, Google claims that the features develop the priority that drivers need more than others, starting with the media and messaging applications – which implicitly means that users will lose whether it is forced to redirect a limited development supplier in “specific companies’ requests”.
“While we have now Firing The required feature was only 0.04 % of cars in Italy when I originally requested. The company wrote: “We give priority to building the advantages that drivers need more because we believe that innovation should be driven by the user’s request, not the requests of the specific companies,” the company wrote. “We are disappointed with this ruling, and we will now review it in detail,” they added.
It should be noted that the European Union Digital Markets Law (DMA) also determines the regional rules of the requirements Dominant messaging applications.
However, these previous regulations of competition do not apply to the technology giants that have already been appointed as a gatekeeper called the European Commission, and also only for specific basic platform services (CPS) that the European Union is also appointed. So, although Google has been named the DMA Gate Guard, the Android Auto platform is not organized at the present time.
However, with the confirmation of this CJEU decision, the requirements for interconnection may still apply to the interests of the broader market leaders throughout the European Union.