EU Probes Google’s AI Content Practices Amid Competition Concerns

Key Takeaways

• EU Investigation: The European Commission has launched a formal antitrust probe into Google over its use of online content for AI services.
• Publisher Concerns: Regulators are examining whether Google used news publishers’ content for AI Overviews and AI Mode without fair compensation or a genuine opt-out option.
• YouTube Content Use: The probe also covers Google’s use of YouTube videos to train generative AI models while blocking rivals from accessing similar data.
• Potential Competition Breach: If confirmed, the practices could violate Article 102 TFEU and Article 54 of the EEA Agreement for abuse of dominance.
• No Deadline: EU competition investigations have no fixed timeline, and the duration will depend on the case’s complexity and Google’s cooperation.

Deep Dive

The European Commission has kicked off a formal antitrust investigation into whether Google is abusing its market power by tapping into online content, from news publishers to YouTube creators, to fuel its artificial intelligence services without fair terms or compensation.

The concern is that Google may be leveraging its dominance in search and online video to secure privileged access to content used to train and power its AI products, while preventing rivals from doing the same. The Commission says that could distort competition and leave developers of competing AI models at a disadvantage.

At the center of the investigation are Google’s AI-enhanced search experiences, including AI Overviews, which appear above traditional search results, and AI Mode, a conversational search tab. Regulators want to understand the extent to which those features rely on publishers’ work, and whether publishers had any realistic ability to refuse such use without sacrificing visibility on Google Search, which remains an essential traffic lifeline for many media outlets.

Regulators are also scrutinizing Google’s policies for YouTube. Creators who upload videos grant the company permission to use their content for a wide range of purposes, including generative AI training, and are left with no option to say no. Meanwhile, YouTube’s terms block outside AI developers from training models on the same content, potentially reinforcing Google’s competitive edge.

If these practices are confirmed, they could violate Article 102 of the Treaty on the Functioning of the European Union, which prohibits abuse of a dominant position, as well as parallel provisions under the European Economic Area Agreement.

The Commission has notified Google and national competition authorities that the case is underway and says it will move quickly, though, as always in EU antitrust, there is no fixed deadline for completion. Duration will depend on the complexity of the case and the level of cooperation from Google.

Teresa Ribera, Executive Vice-President for Clean, Just and Competitive Transition, underscored the stakes for Europe’s information ecosystem, "A free and democratic society depends on diverse media, open access to information, and a vibrant creative landscape. These values are central to who we are as Europeans. 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. This is why we are investigating whether Google may have imposed unfair terms and conditions on publishers and content creators, while placing rival AI models developers at a disadvantage, in breach of EU competition rules."

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