The Spanish National Commission on Markets and Competition (CNMC) has approved the commitments offered by Google to address competition concerns related to the remuneration of press publishers and news agencies for the use of their content. By doing so, the CNMC has brought to an end, through a settlement procedure, the sanctioning proceedings opened against Google for a possible abuse of dominant position in its negotiations with Spanish publishers and news agencies.
The investigation focused on whether Google had leveraged its dominant position when negotiating the inclusion of news content in services such as Google Search, Google News, Google Discover, and Google News Showcase. In particular, the CNMC examined whether Google imposed unfair trading conditions or exploited the economic dependence of publishers, given that Google’s services constitute a key access channel through which users reach digital news content.
According to the CNMC, the commitments submitted by Google introduce a more transparent, fair, and legally compliant framework for negotiations with press publishers and news agencies, in line with Spanish legislation. These commitments will be binding on Google for an initial period of five years, with the possibility of renewal for a further five years, and will apply to all Spanish press publishers and news agencies, regardless of whether they have previously entered into agreements with Google. The authority considers that the commitments improve competitive conditions in the market and contribute to safeguarding the public’s right to information.
The proceedings originated from a complaint lodged by the Spanish Reprographic Rights Centre (CEDRO). In March 2023, the CNMC formally opened an investigation into Google’s practices, assessing whether the company had imposed unfair commercial conditions in the negotiation and conclusion of licence agreements for the use of press publications and whether such practices could distort the normal functioning of the market to the detriment of the general interest.
On 19 March 2025, Google submitted a package of commitments designed to remedy the competition concerns identified by the CNMC. These measures are intended to enhance transparency in remuneration by requiring Google to provide publishers with information on the methodology and parameters used to calculate payments, as well as on relevant advertising revenues. They also establish a structured negotiation process with defined stages and timelines, provide for annual updates of remuneration offers, allow for the possibility of retroactive remuneration from the entry into force of the relevant copyright provisions in November 2021, and ensure the separation of negotiations relating to different Google services. Additional safeguards include limits on the scope of licences, the removal of dissuasive contractual clauses, submission of agreements to Spanish law and jurisdiction, and a commitment not to retaliate against publishers that restrict the use of their content or choose not to reach an agreement.
The case has been resolved through a conventional termination procedure provided for under Spanish competition law, which allows proceedings to be closed without a formal finding of infringement or the imposition of fines where adequate commitments are offered. As a result, the CNMC’s decision does not declare an infringement or impose a financial penalty, but instead renders Google’s commitments legally binding and entrusts the Competition Directorate with monitoring their effective implementation.