The Court of Justice of the European Union: 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 company in a dominant position may not refuse to ensure the interoperability of its platform with a third-party application without a valid justification. Such conduct could, in fact, constitute an abuse of a dominant position.

The ruling was issued following an appeal filed by Google against a fine imposed by Italy’s Competition and Market 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 as well, the company operating it cannot deny access without a legitimate reason. Possible exceptions include security concerns or insurmountable technical obstacles.

In the absence of such justifications, the dominant company must ensure interoperability within a reasonable timeframe and may request appropriate 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.