The European Union has initiated a formal antitrust investigation into Google, scrutinizing how the tech giant uses online content to train its artificial intelligence models. This probe, launched on December 9, 2025, centers on allegations that Google may be imposing unfair terms on publishers and creators while potentially stifling competition in the burgeoning AI market. The investigation marks the latest regulatory clash between Brussels and one of the world's most powerful technology companies, focusing on the complex intersection of copyright, competition, and the rapid development of generative AI.
Context and Precedent:
- Previous EU Fine: Google was fined EUR 2.4 billion in 2024 for antitrust violations related to shopping comparison services.
- Investigation Status: Opened as a "priority" on December 9, 2025, with no set end date.
- Google's Stance: Argues the investigation risks stifling innovation in a competitive market.
The Core of the EU's Investigation
The European Commission's investigation is built upon two primary pillars of concern. The first examines whether Google is fairly compensating content creators and publishers for the use of their material. Specifically, regulators are scrutinizing Google's AI Overviews and AI Mode features, which generate summarized answers for users directly from web content. The Commission will assess to what extent this use occurs without appropriate payment to the original sources. A significant point of contention is the perceived lack of a viable opt-out for publishers; refusing Google access to their content could result in a catastrophic loss of referral traffic from Google Search, a dynamic the Commission views as potentially coercive.
Key EU Investigation Focus Points:
- Compensation: Use of web publisher content for AI Overviews/AI Mode without fair payment.
- Creator Rights: Use of YouTube videos for AI training without remuneration or a practical opt-out.
- Competition: Potential unfair advantage for Google's own AI models by restricting rivals' access to training data.
- Legal Basis: Scrutiny under EU competition rules and the Text and Data Mining (TDM) copyright exception.
Scrutiny Extends to YouTube and Creator Content
The investigation's scope broadens significantly to include user-generated content on YouTube. The Commission is probing whether Google uses videos uploaded to the platform to train its generative AI models without offering adequate compensation or a clear, functional opt-out mechanism to creators. The Commission's statement notes that content creators uploading to YouTube are obligated to grant Google permission to use their data for various purposes, including AI training, without remuneration. This aspect of the probe highlights the growing tension between platform terms of service and the rights of individual creators in the AI era, questioning whether current practices constitute an unfair imposition of terms.
The Competitive Landscape and Allegations of Advantage
The second major focus of the EU probe is competition. Regulators are concerned that Google may be leveraging its dominance in search and video hosting to grant its own AI models an unfair advantage. By controlling vast repositories of content through YouTube and its search index, Google could potentially restrict rival AI developers from accessing the same training data, thereby entrenching its own position and hindering market competition. European Commissioner Teresa Ribera emphasized that while AI brings innovation, "this progress cannot come at the expense of the principles at the heart of our societies," underscoring the investigation's goal to ensure a level playing field in the fast-evolving AI sector.
The Legal Context and Publisher Impact
The investigation unfolds against a backdrop of existing EU copyright law, specifically the Text and Data Mining (TDM) Exception introduced by Directive (EU) 2019/790. This rule generally allows the use of copyrighted material for AI training but grants rightsholders the ability to opt out. The Commission's case appears to hinge on situations where such an opt-out may be effectively impossible without severe commercial consequence, particularly for publishers reliant on Google Search. Studies, such as one cited from Authoritas, suggest websites can lose up to 79% of their traffic when an AI Overview is presented, though Google disputes these figures and maintains that aggregate web traffic has not dramatically fallen.
Google's Response and a History of Fines
In response to the investigation, Google has warned that the probe risks "stifling innovation" in what it describes as an already highly competitive market. The company reaffirmed its commitment to collaborating with creative industries. This is not Google's first major regulatory challenge in Europe. The company was fined EUR 2.4 billion in 2024 for abusing its market position with shopping comparison services—a case that originated in 2009, illustrating the potential for lengthy legal proceedings. The new AI-focused investigation has been opened "as a matter of priority," but no timeline for its conclusion has been set, suggesting another protracted battle between EU regulators and the Silicon Valley giant may be on the horizon.