Competition Law update–charging ahead (Alphabet and Others)
Competition analysis: In Alphabet and Others before the Court of Justice, Advocate General Laila Medina issued an Opinion (the ‘Opinion’) on 5 September 2024 concerning the interpretation of the prohibition against abuse of a dominant position under Article 102 TFEU. The case concerns Google's refusal to facilitate the interoperability of its Android Auto platform with JuicePass, an app which offers features for navigating to, and using, electric car charging stations. The Opinion proposes that dominant undertakings may be required to grant access to their digital platforms, even if the Bronner conditions (being that (i) the refusal is likely to eliminate all competition in the market; (ii) the refusal is incapable of being objectively justified; and (iii) the service is indispensable to carrying out that person's business) are not met. The Opinion, if followed by the Court of Justice, would have significant implications for the technology and digital markets sectors, requiring developers of digital platforms to consider third-party access. It also has the potential to directly affect competition for digital services relating to electric vehicle charging. Written by Rebecca Williams (partner) and Jack Moulder (senior associate) at Watson Farley & Williams LLP.