Thread by @wavesblog

A relief: only 156 pp...

https://twitter.com/jcbcp/status/1392744159484710915

A 🧵with some highlights while quickly reading it for the first time (very personal choice)

"Google's conduct should be seen in the context of the competitive relationship between the Google Maps app and the JuicePass app"

"Android not only manages the basic functions of the mobile device, but also creates the structures needed for apps to work"

What’s your favourite colour?

"Google Play [GP] is the app store for the distribution of apps compatible with Android Auto. However, the distribution of an app through the GP store alone does not allow the the app to be published on Android Auto...app must be developed using the appropriate programming tools"

"Android Auto, representing the extension of Android to the car environment,
is itself a platform, which is chosen by car manufacturers and app developers to
make available applications that are present on the user's mobile phone while driving"

"car manufacturers..explained the choice to make their respective infotainment systems compatible with compatible with Android Auto and Apple CarPlay, stating that these platforms are standards and therefore interoperability is intended to meet the needs of potential car buyers"

"Android Auto is not yet open to (third-party) navigation apps and electric charging apps"

"The interest of app developers appears to be to reach users through all platforms that represent a market standard. In this sense, Android Auto, and similarly Apple CarPlay, do not emerge as alternatives to integration in car infotainment systems but rather as complementary"

"Google is in the position of deciding which apps can be present on Android Auto and which cannot, thus standing between
developers and end users (gatekeeper)" gatekeeper in 🇮🇹

"Android Auto also features the Google Maps and Waze apps, which...belong to the same Google. These apps have not been developed on the basis of a template and, in fact, the guidelines do not mention the category of navigation apps"

"The car manufacturers consulted...pointed to the introduction of numerous electric car models..., as well as to the shared industry expectation that the five-year period 2020-2025 will be the a turning point in the uptake of electric cars" #sustainability

"it has been pointed out that the accessibility of public or publicly accessible charging points is a central factor in ensuring an adequate driving experience and is a driver for the development of electric mobility"

Paras. 104 ff.: where you learn A LOT about the electric charging chain

"The competitive relationship linking electric charging service apps and navigation apps identifies a competitive space that contains both types of apps..."

"..This is expressed in terms of actual competition (search and navigation functions), potential competition (expansion of charging related functions in navigation apps) and competition for users and data" 🗻

"Navigation apps offer navigation and - what is relevant here - search functions for a wide range of points of interest (generalist approach) while connected services apps are specialised on charging stations and electric vehicle charging services (specialist approach)"

"This dichotomy between the generalist and the specialist approach does not prevent...the identification of a competitive
space in which the conduct of companies can be assessed from an antitrust point of view"

"Both Google and Apple are showing significant interest in expanding their own services related to electric charging" #adjacentmarketsyouask

"the two types of app (navigation and services related to electric recharging) compete for the same resource, namely the relationship with the user (competition for users)"

"The relevance of the relationship with the user for apps is such that Google distinguishes clearly between app downloads and the actual use of the app by users"

"Establishing and maintaining a relationship with the user also means creating and consolidating a source of data, as through the use of apps users generate data (competition for data)"

#espressobreak

"Google has stated that Google's plans include assisting users to verify through Google Maps to see which payment options are available at a given charging station, but has no plans to allow users to initiate or pay for a charging session directly through Google"

"There is a lot of evidence that Google has invested resources in improving the e-mobility services offered through Google Maps"

"The issue of the publication on Android Auto of the charge-related services app intersects with Google's efforts to acquire Enel Group as a cloud computing customer and Enel X Italy as a partner for the project to integrate charging station information into Google Maps..."

"Further contacts..took place after the the opening of the preliminary investigation procedure..Google allegedly offered...to enter into a confidentiality agreement in order to have access to privileged treatment in the timing of the app publication on Android Auto" 😑

"Google's refusal to publish the Enel X Recharge app (now JuicePass) on Android Auto is not due to technical issues but to a corporate choice of 'publishing policy' on Android Auto"

"in the internal debate at Google for the
the reply requested by the CEO of Enel X Italy, it emerged that there is neither a public nor an internal classification of app categories"

"Google's interest in concluding a cloud services agreement with the Enel Group is used at the highest levels of Google itself to urge a solution on the issue of the Enel X Recharge app (now JuicePass)"

Google "We have such a huge untapped [cloud services] demand with Enel I think it is worth poking the bear :)"

"Google appears to be concerned about putting in writing its response to the Enel X Italy's request. In an internal email of 16 January 2019, it considers proposing to organise a call instead of sending a written reply" #thereareGooglelawyersafterall

"Legal asks for more details on the classification of apps as this is a useful argument to argue that Google is not advantaging its apps...It emerges, however, that there there is no public or internal classification of what constitutes a media, messaging and navigation app"

"Legal Competition..noted that it is publicly known that Google Maps and Waze are on Android Car, notes that Google's position is that antitrust law does not prevent favouring its own products: " Yes, we got fined for alleged favouring in the Shopping case [BUT]..."

La call del 28 febbraio 2020 @antitrust_it è però nel 2019 ;-)

"As regards data, Google stated that it had 'no interest in the data stream related to the JuicePass app's characteristic functions' or the use of the charging stations'"

"With regard to Google's decision not to offer Enel X Italia to develop JuicePass as a custom app, as was the case with the Korean app Kakao,
Google stated that the latter 'constitutes an exceptional case', being the only one outside the collaborations with car manufacturers"

"reference to the [Google Android] is deemed [by G] incorrect...because in that case, the...market definition is based on the premise that Apple's operating system is not licensed, whereas in the present case Apple CarPlay is licensed"

G:"Google's conduct under investigation would not constitute constitute a refusal. This is because Google was unable to publish the Enel X Italia app in the absence of an adequate template and the conditions that led Google to develop the Korean navigation app as custom app"

G: "With regard to the qualification of Google as a gatekeeper, it is a ploy to evade the obligation to prove that Google's conduct is unlawful in accordance with Article 102 TFEU"

G:"the imposition of [interoperability] obligations... is unnecessary as Google has released a new template (in beta version)
which already allows Enel X Italia to develop a version of its own app compatible with Android Auto"

"interoperability (in the broad sense),
which in itself represents a qualifying element of digital markets and products, becomes the key element for creating and maintaining a broad and plural offer" 🎶🎶🎶 @1Br0wn

"types and specific characteristics of apps ...as well as the timing of the definition and the provision of the necessary programming tools depend exclusively on Google..Enel..cannot develop a version of its app compatible with Android Auto without a specific activity by Google"

Android Auto as market standard for interoperability "makes customised solutions (for individual systems) all the more costly and less responsive to a goal of generalised deployment of car environment applications to end users"

"Since the economic model in this case is that of digital platforms, the relationship with users is central"

"for data on the use of charging stations, the question of appropriation from the point of view of navigation app developers the question is in terms of validation of (otherwise) inferred data"

"Another consequence of the fact that the economic model of reference is that of platforms is the importance of so-called network effects and the possibility of so-called winner-takes-all phenomena"

"conduct aimed at hindering and delaying the development of an effective competitive
between navigation apps and electric charging service apps is likely to lead to the exclusion
of the apps actually used by users to search for electric charging points"

"The dual role of gatekeeper and competitor requires Google to abide by a principle of a level playing field (non-discrimination)..in the exercise of its prerogatives as the entity responsible for the features and development of Android Auto" voilà

"Since Android Auto is a gateway on which the introduction of innovative applications depends, the level playing field has both static and dynamic dimensions"

"In a dynamic sense, the level playing field requires that Google does not prevent third parties from offering on Android Auto new and different apps and and functions on Android Auto, in addition to those offered by Google itself through its proprietary apps"

"the limit to this (☝️) requirement is to be found in the existence of justified reasons preventing the introduction of additional and innovative functionalities"

Competition space:"Electric charging service apps and navigation apps are linked by a competitive relationship that originates from the fact that both offer services for recharging electric vehicles, but with two opposing approaches: the former specialised, the latter generalist"

"the competitive relationship..in [the Shopping case] involved specialised services (comparative services) of Google and other entities, whereas in the present case, it involves a generalist service of Google (Google Maps) and specialised services of Enel X Italy (JuicePass app)"

"There is no reason why such a competitive relationship should escape the observation of the
antitrust authorities where, as in the present case, it is possible to clearly define the boundaries of the competitive space of reference"

And on this interesting note, #pausapranzo

...taken seriously: pasta!

"the reference to the gatekeeper role, far from referring to rules whose introduction is still the subject of a specific approval procedure, is linked to the corpus of literature on the so-called digital economy" #NotDMA

"Google decides in complete autonomy not only for which types of app to develop templates and with what timing, but also the specific configuration of templates"

"Google finds itself in the role of gatekeeper with regard to Android Auto, i.e. the specific Android feature that enables interoperability between smart mobile devices (with Android operating system) and car infotainment systems"

"By being the dominus of IT solutions for the development of Android Auto compatible apps, Google should have ensured the the interoperability (in a broad sense) of this platform"

"..the emergence and persistence of effective competition... i.e., in this case, the possibility for users of devices with Android operating system to be able to effectively choose whether or not to use the Enel X Italia app when they are driving a car"

"Google itself has confirmed that from the integration in Google Maps of the information on the charging points covered by the JuicePass app, it would get exact data on the charging stations"

"The extension of the functions offered through Google Maps would...also be consistent with the trend observed in the development of the Android ecosystem.. of 'incorporating' users' products and services as they appear on the market"

"Although Google has stated that it has no plans
plans to offer payment functions via Google Maps, it has been noted in the the Android developer community, that more recent versions of Google Maps contain instructions to enable payment functions via this app"

"G's refusal should be framed as a refusal to allow interoperability (refusal to deal) which led to a violation of the principle of a level playing field consisting in an unfair advantage of
Google's proprietary app to the detriment of the app of its competitor (discrimination)"

Repetita iuvant:"In September 2020, Google contacted Enel X Italy envisaging the possibility of bringing forward the development and publication of the JuicePass..based on the beta version of the
template, and requesting that a confidentiality agreement be signed"

"..as of 2018..G has strengthened its offer of electric recharging-related services via G M, both by expanding the information set available, as well as equipping itself with tools...to continue expanding this information set and feed the flow of data on charging stations"

irrelevant "whether G intentionally obstructed the the publication of the Enel X Italia app...or whether this is an unintended effect of a conduct characterised by a closed-minded attitude towards requests from third parties that are not among the company's priorities"

"Google should therefore have
given due consideration to Enel X Italy's request for interoperability of its JuicePass app with Android Auto, placing it in the company publishing policy for Android Auto and adopting a collaborative attitude" 🙂

"apps that provide services related to electric charging (including navigation) are intended to be used when the vehicle is on the move so as to allow a charging experience that is adapted to the
needs and not frustrated by 'charging anxiety"

"In the present case..the requirement is satisfied that the (omissive) conduct of the dominant undertaking brings about the elimination of effective competition on the market for the purposes of finding a refusal to deal in breach of Article 102 TFEU"

"Court stated that the...preventive intervention against the realisation of the risk of elimination of a competitor is all the more legitimate when the market "is characterised by considerable network effects and such an exclusion would therefore be difficult to reverse".

Google's conduct...is likely to reduce consumer welfare and restrict supply and consumer choice in terms of the number of operators, the differentiation of services, and potentially, the quality of services"

"In addition, since the services in question are necessary for electric mobility, it could also be detrimental to a faster spread of
vehicles and, therefore, the transition to more environmentally sustainable mobility" #competitioninfringementdecisiongreenwashing 🌿😉

"As users are a source of data and data on charging station searches are of particular relevance for analysing the demand for charging services, G's conduct has deprived and may deprive in the future Enel X Italia of a valuable data stream for the definition of charging services"

"The long-term effects of Google's conduct would also concern the loss of a business model, based on the offering of specific services specific to a given user need (i.e.electric recharging), which is different from Google Map's generalist one"

"requirement of an obstacle to the emergence of a new product for which there is a potential demand, which the case-law of the European Court of Justice has indicated as being necessary for a finding of a refusal to contract in breach of Article 102 TFEU is[therefore] satisfied"

"evidence on the record shows that Google's refusal to publish the Enel X Recharge app (now JuicePass) on Android Auto is not due to technical issues but to a business choice regarding the publication of apps on Android Auto"

"As for the availability of resources [cough cough],"

"the examination of Google's conduct does not concern regulatory issues but rather issues of technology and interoperability of which Google has full knowledge and control. Moreover, the case at issue is not new and all the notions referred to are well established in case law"

"Google shall submit a proposal for the appointment of a trustee to the Authority within 30 days of the notification of this Decision, specifying the criteria used to determine the trustee's remuneration" #itmightbeyou

"Without prejudice to the contribution of the Trustee Google shall...(a) release without delay the final version of the template for the development of electric charging apps"

"where the template does not allow the development of the Enel X Italia app including the functions it has indicated as essential, (b) complete the above template with the missing functions or develop a new one
including the same functionalities"

"n addition, Google shall provide the monitoring trustee access to all information and resources necessary to carry out his or her assigned task.
Google shall also provide the trustee with such cooperation and assistance as may be required by the trustee"

"Moreover...it is not possible to
identify different, or in any event less stringent, obligations which ensure the same results, also with regard to the requirement of timeliness,
which is particularly relevant in the context of the affected markets"

/FINE (ed inizio)

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