ABUSE OF DOMINANT POSITION - GOOGLE'S REFUSAL TO ALLOW INTEROPERABILITY BETWEEN ITS ANDROID AUTO PLATFORM AND THE JUICEPASS APP DEVELOPED BY ENEL
ABUSE OF DOMINANT POSITION - GOOGLE'S REFUSAL TO ALLOW INTEROPERABILITY BETWEEN ITS ANDROID AUTO PLATFORM AND THE JUICEPASS APP DEVELOPED BY ENEL

Summary/Abstract: The regulations contained in art. 101 and 102 TFEU apply to the commercial behavior of entreprises whose size or activity is sufficient to be affected by these rules. They apply not only to the countrise in the European Union, due to the equivalent provisions apperaring in the Treaty (Porto) on the European Economic Area (EEA) they apply to the EFTA member states (without Switzerland). This space represents a territory with over 300 million people, thus being the largest European markt. Constituting a basic policy of the construction of the European Union, in the matter of ensuring the functioning of the single market, under conditions of efficiency and normal behavior, the regulations analyzed are the subject of the competences of several bodies, it being known that within this structure the competences intertwine, are usually complementary, in order to ensure optimal functionality. Due to its executive and economic management attributions, the most important competences fall to the Commission, its role being complemented by that of the Court in the interpretation and application of European Union law. The effective implementation of the antitrust policy is a problem related to the harmonization of national legislation with that of the European construction, a goal achieved directly or indirectly through the application of the principle of subsidiarity. As for the relationship between European Union and national regulation, we encounter again this time the priority of the former, so that we can consider that all these aspects satisfy the appropriate application of art. 101 and 102 TFEU.

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