When Elephants Won’t Mediate: Lessons from Enel X v. Google for a Transatlantic Dialogue on Platform Justice

When the Italian Consiglio di Stato (Italy’s highest administrative court) handed down its decision No. 8398/2025, confirming that Google had abused its dominant position by excluding Enel X’s JuicePass app from Android Auto, it did more than settle a legal dispute. It reopened a conversation about the relationship between private resolution and public law – between the practical art of reaching an understanding and the public responsibility of setting a precedent. This was not a quarrel about an app alone. It was about the invisible architecture of our digital ecosystems, where convenience, competition, and control converge. And it posed a simple but profound question: when should dialogue suffice, and when must a public decision draw a line for all? 

Full article below: 

Disclaimer: This content is intended for general informational purposes only and should not be construed as legal advice. If you require legal or professional advice, please contact an attorney.    

Reprinted with permission from the New York State Bar Association © 2026