The European Commission has launched a formal antitrust investigation into Google for potential violations of EU competition rules related to its use of online content for AI purposes. The inquiry centers on whether Google uses web publishers' content without proper compensation or an opt-out option, which could harm publishers' search traffic. It also examines Google's use of YouTube content to train its generative AI models without remunerating creators or allowing them to refuse such use, while rival AI developers are barred from using YouTube content for training.
Investigation Focus
Use of Web Publishers' Content: Google provides AI-powered services like AI Overviews (AI-generated summaries above search results) and AI Mode (a chatbot-like search tab) that may rely on publishers' content without fair compensation or an opt-out mechanism. Many publishers depend on Google Search for traffic and risk losing access if they refuse Google's use of their content.
Use of YouTube Content: Content creators uploading videos to YouTube must grant Google permission to use their data, including for training generative AI models, without payment. Google does not compensate creators nor allow them to upload content without granting such rights. Meanwhile, YouTube policies prevent rival AI developers from using YouTube content for their models, potentially giving Google an unfair market advantage.
Legal Context
The practices under investigation could violate Article 102 of the Treaty on the Functioning of the European Union (TFEU) and Article 54 of the European Economic Area (EEA) Agreement, which prohibit abuse of a dominant position. The Commission's investigation will assess whether Google imposed unfair terms on publishers and creators or granted itself privileged access, disadvantaging competitors.
Process and Background
- The Commission has informed Google and national competition authorities about the proceedings.
- There is no fixed deadline for concluding the investigation; its duration depends on case complexity, cooperation, and defense rights.
- The investigation is a priority but does not prejudge the outcome.
Statement from the Commission
The Commission emphasized the importance of diverse media, open access to information, and a vibrant creative landscape for a free and democratic society. While AI brings significant innovation and benefits, these must not undermine core societal principles. The investigation aims to determine if Google’s practices breach EU competition rules by imposing unfair conditions on publishers and content creators and disadvantaging rival AI developers.
