The European Commission (EC) has begun a formal investigation into whether Google has breached EU competition rules by using content from web publishers and from YouTube for AI purposes.

The inquiry will examine if Google’s actions may distort competition by setting unfair terms for publishers and creators, or by giving itself exclusive access to this material. This alleged behaviour could disadvantage developers of competing AI models.

The EC is examining if Google used web publishers’ content to provide generative AI (gen AI) services on its search results pages, identified as ‘AI Overviews’ and ‘AI Mode’, without compensating publishers.

It is also assessing whether publishers were denied a meaningful option to refuse the use of their content, except by losing access to Google Search.

Many publishers depend on traffic from Google Search.

The investigation also covers whether video and other content uploaded to YouTube are being used to train Google’s gen AI models without compensation to creators, and without letting creators object to such use.

Under YouTube’s terms, content creators must grant Google permission to use their data for various purposes, including AI training, but are not paid for this.

Simultaneously, developers of rival AI models are restricted by YouTube policies from using the same content for their own systems.

These practices, if confirmed, could break Article 102 of the Treaty on the Functioning of the European Union, which prohibits abuse of a dominant market position, along with Article 54 of the European Economic Area Agreement.

According to the EC, there is no set deadline for concluding such investigations, as timing depends on the complexity of the case and cooperation from involved parties.

EC clean, just and competitive transition executive vice-president Teresa Ribera said: “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.

“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.”