Italy: Issued Advocate General Opinion in investigation into Google for abuse of dominance in operating systems market concerning third-party access to Android Auto platform

On 5 September 2024, Advocate General Medina issued an opinion in case C-233/23 (Alphabet and Others) stating that Google’s refusal to provide third-party access to Android Auto platform may be in breach of competition rules. In particular, Advocate General examined whether access obligations, in terms of interoperability, require dominant undertakings to engage in an active behaviour such as the development of the necessary software. Advocate General Medina stated that an undertaking abuses its dominant position if it excludes, obstructs or delays access by the app developed by a third-party operator to the platform, provided that that conduct is capable of producing anticompetitive effects to the detriment of consumers and is not objectively justified.