EU Antitrust Probe Google Over AI Data Use
EU antitrust probe Google opened to examine whether Google used publisher and YouTube content to train Gemini, raising regulatory risk for its AI products.
KEY TAKEAWAYS
- European Commission opened a formal probe into Google's use of publisher and YouTube content for AI training.
- Investigation examines whether Google's access and terms favor Gemini and foreclose rival AI developers.
- If infringement found, Commission can impose fines up to 10.0% of Alphabet's global annual turnover.
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The European Commission opened an antitrust probe on Dec. 9, 2025, into Alphabet’s Google (GOOG, GOOGL) over its use of online content from web publishers and YouTube to train its Gemini and other AI services. The investigation focuses on whether Google’s terms unfairly favor its own products and impose unfair conditions on content creators, exposing the company to potential fines or remedies.
Investigation Scope and Regulatory Focus
The Commission launched a formal investigation under Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU), which prohibit anticompetitive agreements and abuse of dominance. It will assess whether Google breaches EU competition rules by using publisher and YouTube content to develop, train, and power generative AI models, including Google Gemini.
The inquiry will examine if Google’s terms for accessing and using publisher and creator content impose unfair trading conditions that limit their ability to negotiate compensation or control reuse. Regulators will also investigate whether Google’s integration of AI into its own services gives it an unfair advantage over rival AI developers and competing platforms, potentially foreclosing competition.
The Commission will consider whether Google’s dominant positions in search, digital advertising, and video platforms give it disproportionate leverage to impose take-it-or-leave-it conditions on publishers and creators. Officials flagged concerns that certain uses of publisher material for AI training could weaken incentives to invest in quality journalism and affect innovation in digital services.
The investigation is distinct from but complementary to enforcement under the EU Digital Markets Act (DMA), under which Google is already designated a “gatekeeper.” The probe focuses on traditional competition law and does not replace DMA obligations.
Procedural Stakes and Google’s Response
Opening a formal investigation allows the Commission to gather detailed information through requests, interviews, and inspections. No Statement of Objections has been issued. If the Commission finds an infringement, it can impose fines of up to 10% of Alphabet’s global annual turnover, rising to 20% for repeated violations, require behavioral remedies, or accept binding commitments. Structural remedies would be rare.
Google said it will cooperate with the investigation and maintains its AI practices comply with EU law. The company cited existing licensing and partnership arrangements and tools that enable publishers and creators to control or receive compensation for how their content is used.
Alphabet has not reported any changes to its financial or operational guidance related to the probe.
The Commission has not set a timeline for concluding the investigation and emphasized that opening the inquiry does not prejudge the outcome.
The probe will assess whether Google “is breaching EU competition rules in its use of online content from web publishers and YouTube for artificial intelligence purposes, including to develop and train its AI models and to provide AI-powered services.” — European Commission
