Interoperabilitatea platformelor digitale şi abuzul de poziţie dominantă: lecţiile din cauza Google/Android Auto

Dr. Laura LAZĂR

ABSTRACT

This article examines the landmark judgment of the Court of Justice of the European Union in the Google/Android Auto case (C-233/23), which significantly redefines the legal framework governing refusals to ensure interoperability in digital markets. Departing from the traditional indispensability standard established in Bronner and IMS Health, the Court held that a refusal by a dominant undertaking to grant interoperability can constitute an abuse of a dominant position even where the platform is not strictly indispensable for the operation of the third-party product, provided the refusal has potential restrictive effects on competition and reduces consumer choice.

The analysis critically explores the new criteria established by the Court, including the assessment of the platform’s purpose, the impact on effective and potential competition, and the...