The European Union has launched a formal antitrust investigation aimed at determining if Google has violated EU competition regulations by utilizing content from web publishers and YouTube to enhance its artificial intelligence services without providing fair compensation or obtaining proper consent.
On Tuesday, the European Commission articulated its concerns, stating, “The Commission will investigate to what extent the generation of AI Overviews and AI Mode by Google is based on web publishers” content without appropriate compensation for that, and without the possibility for publishers to refuse without losing access to Google Search.”
This creates a dilemma for publishers, who must either allow Google to use their content for AI summaries without any payment or risk losing visibility in Google Search results. Similarly, YouTube creators face an equivalent challenge, as uploading content grants Google automatic rights to utilize that content for AI training without any form of compensation, while other AI developers are barred from accessing the same material.
Teresa Ribera, Executive Vice-President for Clean, Just and Competitive Transition, emphasized the need to balance innovation with fairness, stating, “AI is bringing remarkable innovation and many benefits for people and businesses across Europe, but this progress cannot come at the expense of the principles at the heart of our societies.”
Legal experts like Alex Chandra from IGNOS Law Alliance have noted that this investigation reflects a broader intent to align large-scale digital business models with the EU”s regulatory and competitive frameworks. He warned that if the Commission does not maintain transparency and consistency, the investigation could deviate from ensuring “fair competition” to merely favoring regulatory priorities specific to the EU.
If the allegations are substantiated, they could constitute a violation of EU competition rules which prevent dominant companies from leveraging their market power to undermine competition. The Commission has stated that it will prioritize this investigation, although no specific timeline for its conclusion has been disclosed.
This inquiry follows closely on the heels of another investigation launched less than a month ago, where the Commission is scrutinizing whether Google provides fair, reasonable, and non-discriminatory access to publishers” websites on Google Search under the Digital Markets Act. In September, Google faced a fine of $3.1 billion for previous antitrust violations related to its advertising technology services, reinforcing the EU”s commitment to regulating big tech.
Additionally, the Commission recently initiated an investigation into Meta concerning policy changes that allow its AI chatbot to operate on WhatsApp while restricting competitors from doing the same, further illustrating the EU”s intensified scrutiny of major tech firms.
