EU Publishers File Antitrust Challenge Against Google's Artificial Intelligence Summaries
In a significant move, the European Commission is currently reviewing an antitrust complaint filed by the Independent Publishers Alliance, along with Foxglove and the Movement for an Open Web. The complaint alleges that Google abuses its dominant market position by using publishers' content to train its AI-generated summaries, known as AI Overviews, without compensation or opt-out options.
The publishers argue that this practice harms competition and reduces traffic to traditional news publishers by placing AI-generated answers prominently in search results, thereby demoting rival content. The complaint requests interim measures to prevent irreparable harm to competition and ensure fair access to news content.
The European Commission, together with the UK’s Competition and Markets Authority, is examining this case as part of its ongoing antitrust scrutiny of Google’s practices in the search market. While other recent EU antitrust actions against Google have focused on compliance with the Digital Markets Act, especially concerning Google Play Store policies, this particular complaint targets Google’s use of content for AI training and the impact on independent publishers rather than app store practices.
Publishers emphasize the impact of AI Overviews on website traffic, which is essential for ad sales, subscription conversions, and brand partnerships. They argue that the top-of-page placement and ad integration of these AI-generated summaries are to blame for reducing clicks, readership, and advertising income for news outlets.
Moreover, the publishers express concerns about the accuracy of these AI Overviews. Inaccurate summaries can erode public trust in journalism and put news outlets in the difficult position of having to correct or publicly disavow inaccurate content.
Google maintains that AI Overviews enhance user experience and drive deeper engagement with linked content, but acknowledges ongoing discussions about giving content owners more control over AI usage. The outcome of this antitrust action could reverberate far beyond Google and press publishers, potentially shaping the terms under which AI systems can draw upon and compensate web content.
If interim measures are granted, Google might be compelled to offer publishers a meaningful opt-out mechanism for AI Overviews. This could represent a significant shift in the relationship between technology platforms and the creators whose labour underpins the digital age. The coming months will reveal whether Google responds with policy changes or continues to defend its AI strategy in the antitrust action.
The publishers argue that Google's use of their content for AI training in AI Overviews without compensation or opt-out options harms competition and negatively affects website traffic, which is crucial for ad sales, subscription conversions, and brand partnerships. The European Commission's examination of this antitrust complaint could potentially reshape the terms under which AI systems draw upon and compensate web content, and may compel Google to offer publishers a meaningful opt-out mechanism for AI Overviews.
