EU opens competition probe into Google's use of online content for generative AI
The European Commission has launched a competition investigation into whether Google is distorting competition by using online content to power its generative AI features on Search and YouTube on unfair terms. The focus: alleged exploitative conditions for publishers and creators, and potential foreclosure of rival AI model developers.
The case targets how Google builds and displays AI Overviews and AI Mode in Search. AI Overviews places generated summaries above organic results. AI Mode is a chatbot-style tab that answers queries conversationally. The Commission will assess whether these outputs rely on publishers' content without appropriate compensation and without a real opt-out that doesn't penalize access to Search.
Core issues under investigation
- Whether Google imposes unfair terms and conditions on publishers and content creators when their material is used to generate AI Overviews and AI Mode.
- Whether publishers can refuse such use without losing access or ranking visibility on Search.
- Whether content uploaded to YouTube is used to train Google's generative AI models without appropriate compensation and without a meaningful ability to refuse.
- Whether YouTube's policies bar rival AI developers from training on YouTube content while Google can use it internally, creating an asymmetric advantage.
According to the Commission, if proven, these practices may breach the prohibition on abuse of a dominant position under Article 102 TFEU and Article 54 of the EEA Agreement. For reference: Article 102 TFEU overview (EUR-Lex).
What legal teams should note
Two theories of harm are front and center. First, exploitative abuse: alleged unfair trading conditions and a lack of compensation for the use of third-party content to enable Google's AI features. Second, exclusionary abuse: policies and product design that could disadvantage rival AI model developers through privileged access to YouTube data and Search distribution.
The Commission will also look at whether Google conditions access to essential distribution (Search) or monetization (YouTube) on accepting data uses for AI training, without a proportional value exchange or a practicable opt-out. That raises questions around self-preferencing, leveraging data advantages, and de facto exclusivity effects.
Potential outcomes and exposure
- Fines under EU competition law and orders to cease the conduct if infringement is established.
- Commitments altering access terms, consent/opt-out mechanisms, and/or compensation frameworks for the use of content in generative AI.
- Remedies to ensure rival AI developers can compete on fair terms if data asymmetries are a concern.
Quote from the Commission
Teresa Ribera, executive vice-president for clean, just and competitive transition, said: "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."
Practical steps for in-house counsel and publishers/creators
- Inventory where your content appears in Google Search (including AI Overviews/Mode) and YouTube, and document any lack of effective opt-out or licensing pathway.
- Review your rights, licenses, and platform terms for data use in AI training, including consent scope, revocation, and compensation.
- Quantify impact: traffic substitution from AI summaries, monetization effects, and any barriers faced when withholding consent.
- Prepare evidence for potential complainant or interested-party status: communications, policy notices, and examples of asymmetric treatment.
- Assess internal policies on AI data use to avoid similar exposure in your own products or partnerships.
Why this matters beyond Google
This case will signal how EU competition law treats the use of third-party content and platform data in training and deploying generative AI systems. Expect closer scrutiny of default terms, opt-out design, and whether access to distribution is tied to permissive AI data rights without fair remuneration.
For teams building internal AI capability and governance frameworks, you can explore curated learning paths by role here: AI courses by job.
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