European Commission Opens Antitrust Probe into Google’s Use of Online Content for AI

Google and AI are in the news again. But someone is not content with how they operate.
The European Commission has launched a formal antitrust investigation into whether Google has abused its market dominance by drawing on the content of web publishers and YouTube creators to fuel its artificial intelligence services without sufficient consent or compensation.
The opening of proceedings, announced today (Dec. 9), marks one of the most significant EU competition interventions to date in the fast-moving field of generative AI.
The case focuses on whether Google has used its position in search and online video to secure privileged access to vast stores of digital content, potentially disadvantaging rival AI developers and placing publishers and creators under pressure to accept terms they cannot realistically refuse.
Teresa Ribera, Executive Vice-President for Clean, Just and Competitive Transition, underscored the democratic and cultural stakes.
“A free and democratic society depends on diverse media, open access to information, and a vibrant creative landscape,” she said. “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.”
Concerns over AI Overviews
At the center of the probe lies Google’s recent deployment of AI Overviews and AI Mode on its search results pages. AI Overviews generates automated summaries at the top of search results, while AI Mode acts as a conversational search tab similar to a chatbot. Both rely on large-scale data ingestion to produce answers derived from web content.
According to the Commission, early indications suggest Google may be using web publishers’ content to support these AI-driven services without offering appropriate compensation or providing a meaningful opt-out. For many publishers, Google Search remains a critical source of traffic. The Commission notes that refusing permission for content use could lead to reduced visibility in search results, which would carry significant economic consequences. This potential dependency lies at the heart of the EU’s competition concerns: publishers may feel compelled to allow their material to be used even if the terms are unfavorable.
The investigation will assess whether Google’s conditions effectively deprive publishers of the freedom to decide how their work is exploited in the emerging AI ecosystem. If the Commission concludes that Google’s conduct restricts competition, the findings could set an important precedent for how AI companies source training material across the EU.
Scrutiny of YouTube data practices
The probe also extends to YouTube, Google’s flagship video-sharing platform. Content creators uploading videos must currently grant Google broad rights to use their material, including for AI training. The Commission stresses that creators are not remunerated for this use and are not allowed to upload videos without also granting permission for Google’s AI-related data use.
Meanwhile, YouTube’s terms prohibit competing AI model developers from using YouTube content to train their own systems. This asymmetry could give Google an unparalleled advantage in shaping next-generation AI tools. The Commission is examining whether this combination of exclusive access and restrictive policies amounts to discriminatory conduct that distorts competition by limiting rivals’ ability to develop competitive AI models.
Possible breach of EU antitrust law
If confirmed, the practices under investigation could violate Article 102 of the Treaty on the Functioning of the European Union, which prohibits the abuse of a dominant market position. Google’s prominence in both search and online video arguably affords it exceptional influence over digital markets, making the boundaries of permissible conduct especially consequential.
The Commission emphasizes that the opening of proceedings does not imply guilt. However, such cases typically reflect substantive concerns supported by preliminary evidence. There is no legal deadline for concluding the investigation, and duration will depend on the complexity of the case, Google’s cooperation, and procedural steps taken by the parties involved.
Implications and next steps
The investigation arrives at a time of intense debate about how AI systems acquire training data and who should be compensated when their work is used. Publishers and creators have raised mounting concerns that AI companies are drawing on their output in ways that undermine the economic foundations of journalism and digital creativity. Regulators worldwide are increasingly weighing how to balance innovation in AI with protections for content producers and fair competition.
Google and national competition authorities have been notified of the proceedings. Further information will be published on the Commission’s competition website under case number AT.40983 as the investigation progresses.
The case is likely to become a defining test of how existing competition law applies to rapidly evolving AI technologies — and of how Europe intends to safeguard fair markets in an era of data-driven innovation.
Meanwhile, in the US, environmental activists just delivered Congress the most aggressive ultimatum yet against its AI revolution.
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