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