Formal investigation and alleged anti-competitive practices
According to the Commission’s press release, the Commission is concerned that Google may have used web publishers' content to offer generative AI-powered services “AI Overviews” (AI-generated summaries that respond to a user's search query) and “AI Mode” (a search tab similar to a chatbot that answers user questions in a conversational style) on its search results pages, without providing appropriate compensation to publishers and without giving them the option to refuse such use, without losing access to Google Search. With regard to YouTube, the Commission is concerned that videos and other content uploaded to YouTube are used to train Google's models. This use is also without appropriate compensation for the creators and does not give them the option to refuse such use. Google does not pay YouTube content creators for their content and does not allow them to upload their content to YouTube without giving Google permission to use that data. Simultaneously, competing AI models are unable to use content uploaded to YouTube on the basis of YouTube’s policies.
The investigation will examine whether Google has breached EU competition rules (abuse of dominant position under Article 102 TFEU) by using content from web publishers and content uploaded on YouTube on its AI-driven search services without fair compensation or consent from content providers. In particular, the Commission is concerned that Google may be imposing unfair terms and conditions on publishers and content creators, or granting itself privileged access to such content, in a manner that places rival AI model developers at a disadvantage. These practices, if proven, breach EU competition rules that prohibit the abuse of a dominant position. The Commission has emphasized that opening the formal investigation does not prejudge its outcome.
Earlier enforcement by the European Commission
Earlier this year, on 5 September 2025, the European Commission fined Google EUR 2.95 billion for breaching EU antitrust rules by distorting competition in the advertising technology (‘adtech’) industry (please refer to our earlier blogpost). The Commission's investigation found that Google holds a dominant position (i) in the market for ad servers for publishers with its DFP service, and (ii) in the market for programmatic tools for buying adverts for the open web with its Google Ads and DV360 services. The Commission ordered Google to bring these self-preferencing practices to an end and to implement measures to cease its inherent conflicts of interest along the adtech supply chain. Over the past decade, the Commission has also fined Google for abuses related to Google Shopping, the Android operating system and online advertising (please refer to our earlier blogpost).
While both the September 2025 adtech case and the December 2025 content-use investigation involve Google’s alleged abuse of a dominant position, they differ in scope and procedural stage. The adtech case was a completed enforcement action in the online advertising market, where Google’s liability was established after a multi-year investigation, resulting in a fine and remedial obligations. In contrast, the new AI content investigation is at its outset: it targets a different area of Google’s business (use of third-party content for AI services) and is currently a fact-finding investigation with no allegations proven or penalties imposed yet. Both cases underscore the Commission’s enforcement of EU competition rules in the digital economy, aimed at preventing dominant tech firms from abusing their market power.
Conclusion
Although the Commission has only announced the opening of a formal investigation, without prejudice to the outcome of such investigation, these developments evidence increased oversight of the digital market by the Commission and in particular close scrutiny of Google’s conduct on markets where it holds a dominant position. Loyens & Loeff closely monitors the European Commission’s enforcement actions of EU competition rules in the digital sector. The actions of the Commission reflect the focus on addressing potential abuse of dominance by major digital platforms and ensuring fair competition in rapidly evolving technology markets.
