The European Commission has launched a formal antitrust investigation into Google’s practices regarding using content from publishers and creators to power its artificial intelligence systems. The investigation focuses on whether the tech giant breached EU competition law by acquiring content without fair payment and blocking rivals from accessing the same material.
Critical issues under investigation:
Google is allegedly using web publisher content for AI Overview and AI Mode without appropriate compensation or opt-out options YouTube creators must give Google permission to use the content they upload to AI Training, but they are not paid and have no option to decline Competing AI developers face limited access to YouTube content, creating an uneven playing field
The study targets two main areas of concern.
First, Google’s AI-powered search features (AI Overview and AI Mode) may be using publisher content without paying for it. AI Overview generates a summary that appears above traditional search results, and AI Mode acts as a conversational search assistant. Publishers find themselves in a difficult position. You need Google search to drive traffic to your site, but refusing to allow Google to use your content for AI purposes can result in a complete loss of visibility in search results. Second, the committee is investigating YouTube’s policies regarding content used to train AI models. When creators upload videos to YouTube, they must give Google permission to use that material for a variety of purposes, including training AI models. You will not receive any additional compensation for this use, and you will not be able to opt out while maintaining a presence on the platform. Meanwhile, YouTube’s terms of service prevent rival AI companies from training models on the same content.
The investigation focuses on possible violations of Article 102 of the Treaty on the Functioning of the European Union, which prohibits companies from abusing their dominant market position. If the European Commission finds Google guilty, the company could face hefty fines and be forced to change its practices.
“Free and democratic societies depend on diverse media, open access to information, and a vibrant creative landscape. These values are at the core of who we are as Europeans. AI is bringing remarkable innovation and many benefits to people and businesses across Europe, but this progress is This cannot be achieved at the expense of the principles that are at the heart of our society. This is why we are investigating whether Google may have imposed unfair terms and conditions on publishers and content creators that would put rival AI model developers at a disadvantage. ”
The committee has prioritized this investigation, but there is no timeline for completion. The length of the investigation will depend on the complexity of the case, our level of cooperation, and the company’s legal defense strategy. The initiation of a formal investigation does not predetermine the outcome. It simply means that the committee has sufficient grounds to thoroughly investigate the allegations.
Under EU regulations, once the European Commission initiates proceedings, member states’ national competition authorities must withdraw from pursuing the same issue. National courts must also avoid rulings that are inconsistent with those that the Commission may render.
Google is based in the United States and operates as a multinational technology company with services across online advertising, search, cloud computing, software, hardware, and artificial intelligence. The company’s search engine remains one of the most widely used digital tools around the world and has a significant impact on the flow of information online.
The case raises questions about how AI companies should reward content creators and whether dominant platforms can leverage their market positions to gain an advantage in emerging AI fields. As generative AI becomes central to technology company strategies, the balance between innovation and fair competition becomes a pressing issue for regulators.
Details of the investigation will be published on the Commission’s competition website under case number AT.40983. The Commission has notified both Google and member state competition authorities of this procedure.
This investigation adds to the global scrutiny of how major technology companies are developing and deploying AI systems. Regulators around the world are grappling with how to apply existing competitive frameworks to rapidly evolving AI technologies, while ensuring fair treatment of content creators and maintaining competitive markets.
Written by Vytautas Valinskas
