European Commission accuses Google of using third-party content for AI

The European Commission accuses Google of two violations. The company uses material from third-party websites to generate AI responses in its search engine without compensating the rights holders. Because users receive the final answer directly in Google Search, traffic to the original sources decreases, and website owners report losses.

AI Overviews and the issue of using publishers’ data

According to the European Commission, Google uses web publishers’ content to generate AI Overviews and AI Mode in search results. These features display responses created by generative models above organic links. Rights holders cannot refuse the use of their materials because they remain dependent on search traffic.

The investigation aims to determine whether Google uses publishers’ content without proper compensation and without offering a real option to exclude their materials from being used for AI models without risking their search visibility.

YouTube and the use of creators’ content

The second issue concerns YouTube. Under the platform’s rules, creators are required to allow Google to use uploaded videos and other content to train its generative AI models. The Commission notes that creators are not paid for this and cannot upload videos to YouTube without granting such permission.

Restrictions for competitors

At the same time, YouTube policies prohibit external AI developers from using the platform’s content for training. This gives Google exclusive access to a massive amount of data, while competitors do not have such access.

EU antitrust investigation

The investigation is being conducted under Article 102 TFEU and focuses on a possible abuse of dominant position. The Commission is assessing whether Google violates competition rules by creating unequal conditions for publishers, creators and developers of alternative AI models.

Google has been formally notified of the opening of the investigation. There is no set deadline, and the duration depends on the volume of data, the company’s cooperation with regulators and the progress of the legal assessment.

Position of the European Commission

The Commission stresses that free access to information and diverse media are essential for the European audience. It is examining whether Google’s practices may have placed pressure on publishers and creators or given the company an advantage in developing AI technologies.

The investigation under case AT.40983 is being treated as a priority.