The European Commission has opened a formal antitrust investigation into whether Google has breached EU competition rules by using online content from web publishers and YouTube creators for artificial intelligence (AI) purposes without fair compensation or adequate choice. The probe focuses on whether Google imposed unfair terms, limited rivals’ access to essential data, or used its dominant position to strengthen its own AI services.
Investigation Focus
Use of publishers’ content for AI Overviews and AI Mode
The Commission is examining whether Google relied on web publishers’ content to generate AI Overviews and AI Mode responses on its search results pages without offering appropriate compensation.
- AI Overviews presents AI-generated summaries at the top of search results.
- AI Mode provides a conversational search experience similar to a chatbot.
Because many publishers depend on Google Search for traffic, the Commission will review whether Google allowed them to refuse the use of their content without affecting their visibility on Search.
Use of YouTube content for training generative AI models
The Commission is also assessing whether Google used video and other content uploaded to YouTube to train its generative AI systems without offering compensation to creators.
Creators uploading videos to YouTube must grant Google broad permission to use their content, including for AI training, and cannot participate in the platform while withholding such consent.
Meanwhile, YouTube’s policies prevent rival AI developers from using the same content for training, which may give Google a competitive advantage.
Possible Competition Concerns
If confirmed, the practices under review may constitute an abuse of dominant position under Article 102 TFEU and Article 54 of the EEA Agreement, which prohibit:
- Imposing unfair trading conditions
- Limiting markets or technical development
- Applying discriminatory terms
- Making access to services conditional on accepting obligations unrelated to the contract
The Commission is concerned that preferential or exclusive access to online content for AI training could place competing AI model developers at a disadvantage.
Procedure and Legal Framework
The investigation is being prioritised. Under Article 11(6) of Regulation 1/2003, once the Commission opens proceedings, national competition authorities may no longer pursue the same conduct. Under Article 16(1), national courts must avoid adopting decisions that could conflict with the Commission’s forthcoming conclusions.
The inquiry has no fixed timeline. Its duration will depend on case complexity, cooperation from Google, and procedural steps taken by the parties. Google and national authorities have been notified of the opening of the proceedings.
Outlook
The Commission will continue gathering evidence to determine whether Google’s handling of publisher and creator content gives it an undue advantage in developing AI services. Depending on the outcome, Google could be required to modify its practices or face other measures under EU competition law.
The findings are expected to contribute to broader policy discussions on data use, transparency, and access to training materials within the European AI ecosystem.
Speaking on the development, Teresa Ribera, Executive Vice-President for Clean, Just and Competitive Transition, said:
A free and democratic society relies on diverse media, open access to information, and a dynamic creative landscape. These values remain central to us as Europeans. AI is delivering significant innovation and clear benefits for people and businesses across Europe, but such progress cannot undermine the principles that underpin our societies. This is why we are examining whether Google may have imposed unfair terms and conditions on publishers and content creators, while placing rival AI model developers at a disadvantage, potentially in breach of EU competition rules.