The EU Court of Justice: A digital platform’s refusal to allow interoperability may constitute an abuse of a dominant position

Gianpaolo Todisco Partner

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

The ruling was issued following Google's appeal against a fine imposed by the Italian Competition Authority (AGCM). The AGCM fined the company over €102 million after finding that it had prevented Enel X from integrating its JuicePass app with Android Auto. This app allows users to find and book electric vehicle charging stations, 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 operating 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 ensure an interoperability model within a reasonable timeframe and may demand adequate financial compensation for the service. This principle strengthens competition rules in the digital market and introduces new responsibilities for large technology platforms operating in the EU.

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