Interoperability as a Regulatory Obligation – The Role of Templates on Digital Platforms
In its some months ago judgment in Enel v. Google, the Court of Justice of the European Union (CJEU) held that Google is, in principle, obliged to provide interoperability templates for third-party apps within a reasonable timeframe. Exemptions apply only where the platform operator can demonstrate a threat to the security or integrity of the platform. In…
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…
Digital Markets Act: Prohibition of Self-Preferencing in Ranking
The prohibition of most-favoured-nation practices under Article 5(3) of the DMA is a competitive practice that restricts the freedom of action of commercial customers outside the platform. However, most-favoured-nation treatment is not to be confused with self-preferential treatment, which is the subject of this article today. For the sake of clarity, here is the full text of…