Judgment_paragraph 34 · Alphabet Inc. and Others v Autorità Garante della Concorrenza e del Mercato (C-233/23)

34In the present case, as is apparent from the request for a preliminary ruling, the referring court starts from the premiss that Android Auto is a piece of infrastructure in the digital sector and that, on the date when the conduct alleged against the applicants in the main proceedings took place – which consisted of refusing to permit an app developed by a third-party undertaking to be interoperable with Android Auto – Google was in a dominant position on the market to which Android Auto belongs. In that regard, it must be recalled that, in proceedings under Article 267 TFEU, which are based on a clear separation of functions between the national courts and the Court of Justice, the national court alone has jurisdiction to determine and assess the facts in the case before it (judgment of 18 April 2024, Heureka Group (Online price comparison services), C‑605/21, EU:C:2024:324, paragraph 66 and the case-law cited).

Alphabet Inc. and Others v Autorità Garante della Concorrenza e del Mercato (C-233/23)

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