The European Commission has opened two sets of specification proceedings to assist Google in complying with its obligations under the Digital Markets Act (DMA). The proceedings formalise the Commission’s ongoing regulatory dialogue with Google concerning specific aspects of its compliance with key interoperability and data-sharing requirements.
The proceedings do not prejudge whether Google is in breach of the DMA, but aim to provide greater clarity on how the relevant obligations should be implemented in practice.
Interoperability obligations under Android
The first set of proceedings concerns Google’s obligation under Article 6(7) of the DMA, which requires gatekeepers to provide third-party developers with free and effective interoperability with hardware and software features controlled by their operating systems.
In this case, the Commission is focusing on features used by Google’s own artificial intelligence services, including Gemini, that are embedded in the Android operating system. The objective is to specify how Google should ensure that third-party AI service providers have access to the same operating system functionalities on conditions that are equally effective as those enjoyed by Google’s own services.
According to the Commission, effective implementation of this obligation is intended to ensure that third-party providers are able to innovate and compete on a level playing field in the rapidly evolving market for AI-enabled services on smart mobile devices.
Access to Google Search data for rival providers
The second set of proceedings relates to Article 6(11) of the DMA, which obliges Google to grant third-party providers of online search engines access to anonymised ranking, query, click and view data generated by Google Search, on fair, reasonable and non-discriminatory (FRAND) terms.
These proceedings focus on several key parameters of compliance, including the scope of the data to be shared, the methods used for anonymisation, the conditions governing access, and the eligibility of AI chatbot providers to benefit from the data-sharing obligation.
The Commission considers that effective access to a meaningful dataset is essential to enable competing search engines to optimise their services and to offer users viable alternatives to Google Search.
Procedural timeline and next steps
The Commission expects to conclude the specification proceedings within six months of their opening. Within the next three months, it will communicate its preliminary findings to Google, setting out the draft measures it intends to impose to ensure effective compliance with the DMA.
Non-confidential summaries of the preliminary findings and the envisaged measures will be published, allowing third parties to submit comments.
The Commission emphasised that the opening of specification proceedings is without prejudice to its enforcement powers. It retains the ability to adopt formal decisions finding non-compliance with the DMA, including the imposition of fines or periodic penalty payments where appropriate.
Background: Google as a designated gatekeeper
The Digital Markets Act is designed to ensure contestable and fair markets in the digital sector by regulating so-called gatekeepers—large digital platforms that act as critical intermediaries between businesses and consumers and may create bottlenecks in the digital economy.
On 6 September 2023, the Commission designated several of Google’s services as core platform services, including Google Search, Google Play, Google Maps, YouTube, the Android operating system, Google Chrome, Google Shopping and Google’s online advertising services. Google has been required to fully comply with the applicable DMA obligations for these services since 7 March 2024.
Commenting on the proceedings, Executive Vice-President Teresa Ribera stated that the Commission aims to ensure that the rapid development of AI-driven services does not tilt the competitive landscape in favour of a small number of large players. Executive Vice-President Henna Virkkunen similarly подчеркed that the proceedings seek to guarantee equal access for third-party search engines and AI providers, with the goal of promoting competition, innovation and consumer choice in digital markets.