On 5 September 2024, Advocate General (AG) Laila Medina rendered her opinion in Alphabet and Others, suggesting that the European Court of Justice not apply the strict Bronner criteria when assessing Google’s refusal to grant access to its Android Auto platform for an app that provides a set of features for charging electric vehicles.
Instead, AG Medina concluded that a dominant company that owns a platform and excludes, obstructs, or delays access of an app developed by a third-party infringes Article 102 TFEU, provided that such behaviour gives rise to anticompetitive effects to the detriment of consumers and cannot be objectively justified.
Importantly, AG Medina broke new legal ground in that she believes that a refusal to grant access to a platform cannot be objectively justified by the “mere fact that the dominant undertaking must develop a software template taking into account the specific needs of the operator requesting access.” In other words, simply granting access to a platform is not enough, certain changes to facilitate access have to be undertaken.
