Today, the European Commission has officially initiated proceedings to assess whether Google is providing fair, reasonable, and non-discriminatory access conditions to publishers’ websites on Google Search, in accordance with the Digital Markets Act (DMA). The Commission’s monitoring activities have revealed indications that Google may be demoting the visibility of news media and other publishers’ content in search results, specifically when these websites feature content from commercial partners. Google states that this “site reputation abuse policy” is designed to prevent practices that could manipulate search rankings.
This investigation is progressing despite the potential for adverse reactions from President Donald Trump, who has publicly criticised the European Union’s digital regulations and has indicated intentions to respond if American technology companies are penalised. The outcome of this investigation may result in a significant multibillion-euro fine for Google, as the European Commission continues to serve its role as the primary antitrust authority within the European Union.
“Today, we are taking action to ensure that digital gatekeepers do not unfairly restrict businesses that rely on them from promoting their own products and services. We are concerned that Google’s policies do not allow news publishers to be treated in a fair, reasonable and non-discriminatory manner in its search results. We will investigate to ensure that news publishers are not losing out on important revenues at a difficult time for the industry, and to ensure Google complies with the Digital Markets Act,” stated Teresa Ribera, Executive Vice-President for Clean, Just and Competitive Transition.
The DMA aims to foster competitive and fair markets in the digital sector by regulating gatekeepers—large digital platforms that act as vital intermediaries between business users and consumers.
On 6 September 2023, the Commission designated Google Search, operated by Alphabet, as a core platform service under the DMA, requiring full compliance with its obligations by 7 March 2024. Proceedings have been initiated against Alphabet due to concerns about its adherence to Article 6(12) and Article 6(5) of the DMA, which require transparent, fair, and non-discriminatory ranking conditions for Google Search.
The Commission’s investigation focuses on Google’s “site reputation abuse policy“ and its impact on publishers. This policy may affect how publishers monetise their websites and content. The Commission is evaluating whether Alphabet’s demotions of publishers’ websites in Google Search could restrict their ability to conduct legitimate business, innovate, and collaborate with third-party providers.
The initiation of these proceedings does not imply a conclusion regarding compliance; it indicates that the investigation will proceed. If evidence of non-compliance is found, the Commission will share its preliminary findings with Alphabet and recommend necessary measures to address any concerns.
The Commission aims to conclude its investigation within 12 months. If an infringement is established, fines of up to 10% of the company’s global turnover may be imposed, escalating to 20% for repeated violations. In cases of systemic non-compliance, additional remedies may include requiring divestitures or prohibiting acquisitions of related services.
