What question did this study set out to answer?

The central aim is to analyze the recent judgment regarding access refusal by dominant digital platforms and its implications.

March 21, 2026Open Access

A Landmark Judgment in the Refusal to Deal Doctrine: Android Auto (Case C‑233/23) and Bronner’s Future in Digital Platform Markets

Key Points

The central aim is to analyze the recent judgment regarding access refusal by dominant digital platforms and its implications.
Conduct a critical examination of the Court's findings.
Discuss the factual background of the Android Auto case.
Assess potential future effects of the judgment on legal standards.
Evaluate uncertainty in determining platform usage for third-party access.
Established that dominant platforms may bypass Bronner requirements for access refusal.
Highlighted ongoing uncertainty regarding the judgment's scope and implications.
Argued against extending the ruling beyond digital platform markets.

Abstract

The Court of Justice in Android Auto established that certain dominant digital platforms may no longer rely on the strict Bronner requirements when outright refusing access to their infrastructure. The impact of this landmark judgment remains to be seen and issues such as its scope and relevant legal tests are still unclear. This paper explains the factual background to the dispute and provides a critical analysis of the Court’s key findings. It then assesses the judgment’s wider implications and argues that it should not be extended beyond digital platform markets. Furthermore, the uncertainty surrounding how to determine whether a platform was developed to enable third parties to use it is also discussed. Last, this paper assesses how the effects assessment may be carried out in future outright refusal cases involving open digital platforms.

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