The End of Bronner? The CJEU on Platform Access and the Essential Facilities Doctrine

The Court of Jus­ti­ce of the Euro­pean Uni­on (CJEU) recent­ly ruled on Goo­g­le’s deni­al of access in the Enel/​Google case, con­cer­ning third-par­­ty app inte­gra­ti­on in vehic­le ope­ra­ting sys­tems. In its decis­i­on, the Court held that it is not neces­sa­ry to demons­tra­te that access is indis­pensable, a state­ment some have inter­pre­ted as signal­ling the end of the…

CJEU Rules Against Google in Enel Case (C‑233/23): Denial of Interoperability May Constitute Abuse of Dominance

The Court of Jus­ti­ce of the Euro­pean Uni­on (CJEU) has han­ded down its judgment in the case Enel Ita­lia v Goog­le (C‑233/23) some weeks ago. The Court held that a plat­form ope­ra­tor who refu­ses to ensu­re inter­ope­ra­bi­li­ty for third-par­­ty apps may abu­se its domi­nant posi­ti­on, even if the plat­form is not indis­pensable for the com­mer­cial use of…