Gianpaolo Todisco - Partner

The Court of Justice of the European Union has ruled that a company in a dominant position cannot refuse to allow its platform to interoperate with a third-party application without a valid justification. This behavior could in fact be considered an abuse of a dominant position.

The ruling was issued following an appeal filed by Google against a sanction imposed by the Italian Antitrust Authority (AGCM). The AGCM had fined the company over 102 million euros after finding that it had prevented Enel X from integrating its JuicePass app with Android Auto. This app allows users to find and reserve charging stations for electric vehicles, and the lack of interoperability would have limited its competitiveness, penalizing consumers.

According to the Court, if a digital platform is designed to be used by third parties, the company that manages it cannot deny access without a legitimate reason. Possible exceptions include security reasons or insurmountable technical obstacles.

In the absence of such justifications, the dominant company must guarantee an interoperability model within a reasonable time frame and may request adequate financial compensation for the service. This principle strengthens competition regulation in the digital market and introduces new responsibilities for the large technological platforms active in the EU.

The Court's decision could have a significant impact on the digital sector, influencing policies on access to platforms and the regulation of the technology market in Europe.