The European Commission has opened a formal antitrust investigation into possible anticompetitive conduct by Google concerning its use of online content for artificial intelligence purposes. The inquiry will assess whether Google has breached European Union competition rules by using the content of web publishers and material uploaded to YouTube in ways that may distort competition and disadvantage rival developers of AI models.
At the centre of the investigation are concerns that Google may be imposing unfair terms and conditions on publishers and content creators, while granting itself privileged access to valuable data. The Commission is examining whether these practices allow Google to strengthen its position in AI-related markets at the expense of competitors and content providers. Particular attention is being paid to whether rival developers of AI systems are placed at a structural disadvantage because they cannot access comparable datasets under similar conditions.
The investigation focuses in particular on Google’s use of web publishers’ content to power its generative AI features, including “AI Overviews” and “AI Mode” in Google Search. These services generate AI-based summaries and conversational responses that appear prominently in search results. The Commission is concerned that such features may rely extensively on publishers’ content without providing appropriate compensation and without offering publishers a genuine possibility to refuse the use of their content without jeopardising their visibility in Google Search. Given that many publishers depend heavily on Google for web traffic, the Commission is assessing whether this creates a situation of economic dependency that undermines their freedom of choice.
In parallel, the Commission is examining Google’s practices in relation to content uploaded to YouTube. The investigation will determine whether Google has used video and other content from the platform to train its generative AI models without appropriate remuneration and without granting creators a real option to refuse such use. At the same time, the Commission is assessing whether YouTube’s policies preventing rival AI developers from using the same content create an uneven playing field that may reinforce Google’s market power in AI development.
If the practices under investigation are confirmed, they may constitute an abuse of a dominant position contrary to Article 102 of the Treaty on the Functioning of the European Union and Article 54 of the EEA Agreement. The procedure has been initiated under Regulation 1/2003, which governs the enforcement of EU competition law. By opening these proceedings, the Commission has assumed exclusive competence over the matter, and national competition authorities and courts must avoid actions that would conflict with any future Commission decision.
The Commission has informed Google and the competition authorities of the Member States of the opening of proceedings. It has emphasised that the initiation of a formal investigation does not prejudge the final outcome. There is no statutory deadline for concluding antitrust investigations, as their duration depends on factors such as the complexity of the case and the extent of cooperation by the parties.
Executive Vice-President Teresa Ribera stated that a free and democratic society depends on diverse and independent media, open access to information and a vibrant creative ecosystem. She underlined that while artificial intelligence offers significant innovation and economic benefits, such progress must not come at the expense of Europe’s fundamental principles. She explained that the Commission’s investigation seeks to determine whether Google has imposed unfair conditions on publishers and creators and whether it has placed rival AI developers at a competitive disadvantage, in breach of EU competition rules.