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The European Commission has opened a formal antitrust investigation into Google over its use of online content from web publishers and YouTube creators to train and power its artificial intelligence tools, including AI Overviews and AI Mode in Search.
The case will examine whether the company has abused its dominant position in general search by using third-party content for AI services without fair compensation or an effective possibility to refuse.
According to the Commission, the inquiry focuses on whether Google has imposed unfair trading conditions on publishers and creators by relying on their articles, videos and other material to develop and run AI products that sit prominently in search results. Investigators will assess whether Google has granted its own AI models privileged access to this content, while rival AI developers face less favourable terms, in potential breach of EU competition rules.
AI Overviews provide AI-generated summaries that appear above traditional lists of links in Google Search and have already been rolled out in more than 100 countries, with advertising now integrated into the feature. AI Mode is a conversational interface that similarly draws on web content and other sources. Publishers have argued that such formats reduce click-throughs to their sites and risk eroding advertising and subscription revenues, while still depending heavily on their material.
EU competition chief Teresa Ribera said the case is intended to clarify whether Google’s conditions for using publishers’ and YouTube creators’ content for AI are compatible with EU rules on abuse of dominance. She highlighted concerns that the company may be using online content to power its own AI services without adequate payment and without giving rights-holders a realistic opt-out that does not jeopardise their visibility in ordinary search.
A central question for Brussels will be whether publishers and creators can decline the use of their content for AI training and AI Overviews while maintaining normal indexing and ranking in Search. Recent proceedings in the United States have noted that Google’s “Google Extended” setting allows publishers to restrict certain model-training uses, but not the use of their content to refine Search or to appear in AI Overviews, an issue likely to be scrutinised in the EU case.
The new investigation comes three months after the Commission fined Google €2.95 billion for abusing its dominant position in adtech by favouring its own advertising technology services over those of rivals. In that case, regulators ordered changes to Google’s ad stack and warned that structural remedies could follow if behavioural commitments proved insufficient. Google has said it will appeal the decision and has opposed calls for a break-up of its advertising business.
The AI probe also follows a separate investigation launched in November under the Digital Markets Act into whether Google’s “site reputation abuse policy” demotes news and other publishers’ content in Search when pages contain commercial partner material. The Commission is examining whether those demotions restrict publishers’ ability to monetise content and to conduct legitimate business, again focusing on Google’s obligations as a designated “gatekeeper” under the DMA.
Brussels’ action against Google sits within a wider regulatory campaign targeting large U.S. technology platforms. Last week the Commission imposed a €120 million fine on Elon Musk’s social media platform X under the Digital Services Act for failures in advertising transparency and for what regulators described as deceptive design of its blue checkmark verification system. X has criticised the decision, while U.S. President Donald Trump has publicly condemned the EU’s enforcement approach.
At the same time, the Commission has opened an antitrust investigation into Meta’s new policy on AI providers’ access to WhatsApp, under which external AI chatbot services are being phased out while Meta’s own “Meta AI” assistant remains available. EU officials say they are concerned that the change could prevent rival AI developers from reaching users via WhatsApp and may amount to an abuse of dominance. Interim measures have been left open as a possibility.
Under EU competition law, Google could face a fine of up to 10% of its worldwide annual revenue if the Commission ultimately concludes that its AI-related practices breach Article 102 of the Treaty on the Functioning of the European Union. The opening of proceedings does not prejudge the outcome, and there is no fixed deadline for the investigation. The Commission said it will now gather information from Google, publishers and other market participants. Google has been approached for comment.
