European Commission opens investigation into Google over AI content practices

The Commission will assess whether Google’s AI services relied on publisher content without compensation or opt-out, potentially disadvantaging rival AI developers

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New Delhi: The European Commission has launched a formal investigation to determine whether Google has violated EU competition rules by using content from web publishers and YouTube to train its artificial intelligence (AI) systems.

The inquiry will examine whether Google has imposed unfair terms on publishers and creators or granted itself privileged access to content, potentially disadvantaging rival AI developers.

The investigation specifically focuses on Google’s AI Overviews and AI Mode features. AI Overviews provides AI-generated summaries above search results, while AI Mode offers responses in a conversational style similar to a chatbot. 

The Commission will assess whether these services rely on publisher content without proper compensation or an option to refuse, noting that many publishers depend on Google Search for user traffic.

It will also consider the use of videos and other content uploaded on YouTube for training Google’s generative AI models. Creators uploading content to the platform are required to grant Google permission for various uses, including AI training, without remuneration or the ability to opt out. At the same time, policies prevent rival AI developers from using YouTube content for their own models.

If proven, these practices could breach EU competition rules, including Article 102 of the Treaty on the Functioning of the European Union and Article 54 of the European Economic Area Agreement, which prohibit abuse of a dominant market position.

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.”

She added, “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.”

The Commission has informed Google and the competition authorities of EU member states about the proceedings. There is no set timeline for the investigation, which will depend on factors such as the complexity of the case, the cooperation of the companies involved, and the exercise of legal rights. Additional information will be available in the public case register under case number AT.40983.

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