The European Commission is concerned that Google is using content without proper remuneration or consent to benefit its AI services and models.
The European Commission has opened an antitrust investigation into Google over the tech giant’s use of web publishers’ content and content uploaded to YouTube for the benefit of its artificial intelligence (AI).
The probe will examine whether Google is distorting competition by imposing unfair terms and conditions on publishers and content creators, or by granting itself “privileged access” to their content, “thereby placing developers of rival AI models at a disadvantage”.
According to an announcement released today (9 December), the Commission is investigating the extent at which Google is using the content of web publishers to provide its AI Overview and AI Mode services on its search results pages, and whether the tech giant is doing so without providing appropriate compensation or the option to refuse such use.
The EU governing body will also examine whether Google is using content uploaded to online video platform YouTube to train its generative AI models without appropriate compensation or the option for refusal.
Because YouTube is owned by Google, users uploading content to YouTube grant the tech giant permission to use their data for various purposes, including training its AI models.
The Commission said that Google does not remunerate YouTube creators for their content, while at the same time, rival AI developers are barred by YouTube policies from using YouTube content to train their own models.
If these practices are proven true, the European Commission may determine that Google is in breach of EU competition rules that prohibit the abuse of a dominant position – namely Article 102 of the Treaty on the Functioning of the European Union and Article 54 of the European Economic Area Agreement.
As it is an antitrust investigation, there is no legal deadline for bringing the probe to an end. According to the Commission, the duration of the probe will depend on a number of factors including the complexity of the case, the extent to which the companies concerned cooperate with the Commission, and the parties’ exercise of the rights of defence.
“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,” said Teresa Ribera, the European Commission’s executive vice-president for clean, just and competitive transition.
“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.”
Google has faced considerable scrutiny from the EU recently.
Last month, the EU launched an investigation into Google over concerns that the tech giant is “demoting” news and media publishers’ websites and content in search results.
In September, the EU issued a €2.95bn fine to the tech giant for breaching antitrust regulations in the EU with its adtech practices.
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