The European Commission has initiated a formal antitrust investigation to assess whether Google has violated EU competition regulations by utilising the content of web publishers, as well as material uploaded on its online video-sharing platform, YouTube, for artificial intelligence (AI) applications. This investigation will specifically evaluate whether Google is distorting competition by imposing unfair terms and conditions on publishers and content creators, or by granting itself preferential access to such content, thereby potentially disadvantaging developers of competing AI models.
“A free and democratic society depends on diverse media, open access to information, and a vibrant creative landscape. These values are central to who we are as Europeans. AI is bringing remarkable innovation and many benefits for people and businesses across Europe, but this progress cannot come at the expense of the principles at the heart of our societies. This is why we are investigating whether Google may have imposed unfair terms and conditions on publishers and content creators, while placing rival AI models developers at a disadvantage, in breach of EU competition rules,” said Teresa Ribera, Executive Vice-President for Clean, Just and Competitive Transition.
Article 102 of the TFEU (Treaty on the Functioning of the European Union) prohibits the abuse of a dominant market position, with its implementation set out in Regulation 1/2003. When the European Commission opens proceedings, as it has in this case involving Google, the competition authorities of the Member States cannot apply EU competition rules to the same practices. Additionally, national courts must avoid decisions that conflict with those contemplated by the Commission.
There is no legal deadline for completing an antitrust investigation, and its duration depends on factors like case complexity and company cooperation. More information will be available on the Commission’s competition website under case number AT.40983.
Google, headquartered in the US, is a multinational technology company specialising in internet-related services and products, including online advertising technologies, search, cloud computing, software, hardware, and AI.
The Commission has concerns that Google may have exploited web publishers’ content to offer generative AI services, such as ‘AI Overviews’ and ‘AI Mode’, on its search results pages without proper compensation or the option for publishers to refuse.
AI Overviews provide AI-generated summaries above organic search results, while AI Mode functions like a chatbot responding to user queries. The Commission will investigate how much these services rely on publishers’ content without fair compensation or the ability for publishers to opt out without risking access to Google Search.
Additionally, the investigation will focus on whether Google has trained its generative AI models using YouTube content without compensating creators or giving them a choice to decline. Creators must allow Google to use their uploaded videos for various purposes, including AI training, without receiving any compensation. Competing AI developers are also restricted from using YouTube content for training.
If proven, these practices could violate EU competition rules against abusing a dominant market position. The Commission will carry out this investigation as a priority, but the investigation’s start does not imply any outcome.
