What the EU just opened — and why now
The European Commission on December 9, 2025 opened a formal antitrust investigation into Google over how it uses publishers’ web pages and YouTube uploads to power AI features in Search, including AI Overviews and the experimental AI Mode tab. At issue: whether Google used others’ content without fair compensation or a realistic ability to refuse, and whether it granted itself privileged access to data (notably from YouTube) that rivals can’t use. If the Commission finds an abuse of dominance, Google faces remedies and fines of up to 10% of global revenue. Press release (EU Commission); Reuters; The Guardian.
What the case is about
- AI Overviews and AI Mode: Do these results rely on publishers’ content without appropriate compensation or a genuine opt‑out, given publishers’ dependence on Search? EU Commission summary via The Guardian.
- YouTube training: Does Google train Gemini and other models on YouTube videos while contractually barring rivals from doing the same? Google has confirmed its own models train on some YouTube content; YouTube lets creators opt in to third‑party training but not opt out of Google’s own use. CNBC; TechCrunch.
- Market impact and remedies: The probe runs under classic EU competition rules (not the DMA). Sanctions can include behavioral fixes, equal‑access commitments, and fines up to 10% of global turnover. Reuters.
Why AI Overviews are in the crosshairs
AI Overviews are Google’s AI‑generated summaries that appear above the “blue links,” with citations and (in some markets) ads. Google says they help people ask more complex questions and still drive discovery through prominent links; the company expanded AI Overviews to 200+ countries and 40+ languages in 2025. Google Search blog, Oct 2024; Google I/O update, May 2025.
Independent measurement suggests a different user behavior pattern. Pew Research found that when an AI summary appears, people click out much less often than on a standard results page, and rarely click the sources linked inside the summary. Pew Research.
Beyond clicks, AI Overviews have been criticized for accuracy lapses earlier in the rollout (e.g., the infamous “glue on pizza” advice), prompting Google to restrict triggers and adjust safeguards. Washington Post; WIRED; Forbes.
The Commission’s theories of harm
What the EU is probing
| Focus | Where it shows up | Why it could breach EU law |
|---|---|---|
| Use of publishers’ content for AI Overviews and AI Mode | Google Search surfaces AI summaries above organic results | Possible unfair trading conditions if publishers can’t meaningfully refuse without losing Search visibility; potential exploitation of dependency. EU summary. |
| Preferential access to YouTube data | Google trains on YouTube uploads; rivals barred by ToS from scraping | Self‑preferencing via data advantages that rivals cannot replicate; possible foreclosure in AI model competition. CNBC; TechCrunch. |
| Lack of compensation/opt‑out | Publishers and creators claim no realistic opt‑out that doesn’t nuke Search presence | Potential abuse of dominance by imposing unfair terms on dependent businesses. Reuters. |
How this fits into Europe’s wider tech rulebook
The Commission’s move comes amid a broader enforcement pattern: a €2.95B fine over Google’s adtech conduct in September 2025 and recent DSA actions (for example, a €120M fine on X for transparency breaches). EU rep (France) on the adtech decision; Competition Policy news page (EU); DSA fine on X.
What Google says (and has changed)
Google argues AI features increase discovery and that Search still sends “billions of clicks” to the web daily. It added inline links and more prominent citations inside AI Overviews and began limiting triggers where the feature wasn’t helpful. It has also tested a dedicated “AI Mode” tab. Google Search blog, Oct 2024; Washington Post; Reuters on AI Mode.
On YouTube, the company confirmed its own models train on some videos while third‑party training requires channel opt‑in; YouTube’s terms bar unauthorized scraping by others. CNBC; TechCrunch; Fortune on ToS stance.
What could happen next
- Process: The Commission has no statutory deadline; it can seek evidence, issue objections, accept commitments, or fine. Competition Policy news page.
- Remedies menu: Expect debate over fair compensation, a true opt‑out that doesn’t remove sites from Search, and data‑access or FRAND‑style terms for key inputs (e.g., YouTube) to ensure rivals can compete. These would be behavioral rather than structural remedies.
- Interim measures: Complainants asked for temporary limits on AI Overviews; Brussels can impose interim measures where urgent harm is shown. Reuters; Foxglove complaint context.
Practical takeaways for publishers, creators, and product teams
- Understand what you can and cannot control today:
- Blocking AI training is not the same as blocking AI Overviews. Google’s Google‑Extended robots control covers training and grounding for Gemini/Vertex—but not how your pages are summarized in Search. TechCrunch explainer; Marie Haynes.
- YouTube creators can now opt in selected third‑party AI companies for training; review your Studio settings and contracts. TechCrunch.
- Measure the impact of AI Overviews:
- Track query‑level CTR shifts where an Overview appears; triangulate Search Console, analytics, and referrer tags for AI platforms (Gemini, ChatGPT, Perplexity). For macro context on zero‑click trends, see Similarweb‑based reporting summarized by Digiday. Digiday; Pew Research.
- Optimize for what shows up:
- Invest in high‑quality, structured content with clear entities, schema, and concise “answer” blocks; these increase the chance of proper citation if an AI summary appears. Google says it has tweaked layouts to surface links more prominently. Google Search blog.
- Update your policies and signals:
- Review site terms to clarify AI training permissions; if you choose, use robots.txt directives (e.g., Google‑Extended, GPTBot) and machine‑readable labels.
The bigger picture: Automation gains vs. the link economy
For end‑users, AI summaries are a productivity boost—fast, synthesized answers with fewer clicks. For the open web, the Commission is asking whether those gains come at the expense of the link economy that funds journalism and independent sites. The outcome of this case will shape whether AI search evolves with compensation and choice built in—or doubles down on a closed, self‑referential model. That’s why this probe matters far beyond Brussels. Reuters; EU Competition press corner.
Sources
- EU Commission press release (Dec 9, 2025): Commission opens investigation into possible anticompetitive conduct by Google in the use of online content for AI purposes. Press corner.
- News coverage: Reuters; The Guardian; AP; Euronews.
- Google product context: AI Overviews: rollout and links; Expansion to 200+ countries, 40+ languages; AI Mode test.
- User behavior and traffic: Pew Research on clicks with AI summaries; Digiday on zero‑click trends.
- YouTube and model training: CNBC; TechCrunch on third‑party training opt‑ins; Fortune on ToS enforcement.
- Related EU actions: DMA probe into publisher demotions; €2.95B adtech fine; DSA fine on X.
