EU Competition Probe into Google AI

Google is currently under scrutiny as the European Commission initiates a competition probe concerning the company’s generative AI systems. This investigation primarily focuses on whether Google has distorted competition by imposing unfair terms on publishers and content creators while granting itself privileged access to their online content.

The Investigation Focus

The European Commission’s inquiry will delve into how Google utilizes web publishers’ content to create generative AI-powered features like ‘AI Overviews’ and ‘AI Mode’. These features display AI-generated summaries prominently at the top of search result pages, which raises concerns about the lack of appropriate compensation to content creators. Furthermore, publishers have reportedly not been given the option to refuse the use of their content without facing repercussions, such as loss of access to Google Search.

Content Creators and Video Use

In addition to web publishers, the investigation is set to assess Google’s practices regarding content derived from YouTube. Content creators are required to permit Google to utilize their data for multiple applications, including training generative AI models. However, the question arises as to whether this is fair, considering that creators receive no remuneration for their contributions, nor can they upload content without consenting to Google’s terms. This situation is further complicated by YouTube policies that prevent competitors from leveraging YouTube content for their own AI training efforts.

Potential Breaches of Competition Rules

According to the European Commission, if these practices are substantiated, they may violate EU competition laws, specifically those intended to prevent the abuse of a dominant position as articulated in Article 102 of the Treaty on the Functioning of the European Union (TFEU), as well as Article 54 of the European Economic Area (EEA) Agreement. Teresa Ribera, executive vice-president for clean, just, and competitive transition, expressed the importance of maintaining diverse media and open access to information in a healthy society, underscoring that advancements in AI should not jeopardize foundational societal principles. Ribera’s statements assert the necessity for the investigation into whether Google’s practices may have unfairly disadvantaged publishers and other AI developers.