EU Takes Action to Ensure Google Complies with Digital Markets Act Regulations
The European Commission has officially opened two specification proceedings aimed at guiding Google toward full compliance with its obligations under the Digital Markets Act (DMA). These proceedings focus specifically on two critical areas: ensuring artificial intelligence interoperability and providing rival platforms with fair access to search data.
Addressing AI Interoperability and Search Data Access
The first proceeding centers on AI interoperability, with Brussels seeking to ensure that third-party AI service providers receive equal access to features on Google's Android operating system. Currently, Google's own AI services like Gemini enjoy privileged access that competing services do not share.
The second proceeding addresses search data access, with the Commission demanding clarity on how competing search engines can access anonymised ranking, query, click, and view data from Google Search under fair and reasonable terms. This move aims to level the playing field in the digital search market.
EU's Vision for Fair Digital Competition
Teresa Ribera, EU's Executive Vice-President for Competition, emphasized the Commission's broader vision, stating: "We want to maximise the potential and the benefits of this profound technological shift by making sure the playing field is open and fair, not tilted in favour of the largest few." This statement underscores the EU's commitment to preventing digital gatekeepers from creating unfair advantages for their own services.
Google's Response and Privacy Concerns
Google has expressed reservations about the Commission's actions. Clare Kelly, the company's Senior Competition Counsel, argued that Android is already open by design and that search data is being licensed to competitors in accordance with DMA requirements.
"However, we are concerned that further rules which are often driven by competitor grievances rather than the interest of consumers, will compromise user privacy, security, and innovation," Kelly added. This response highlights the tension between regulatory efforts to promote competition and tech companies' concerns about maintaining user privacy and innovation capabilities.
Procedural Details and Potential Consequences
The Commission expects to complete these proceedings within six months. During this period, it will share preliminary findings with Google and publish non-confidential summaries to gather third-party comments. It's important to note that these are specification proceedings, not formal investigations, and they do not constitute a finding that Google has violated the DMA.
However, if the Commission remains unsatisfied with Google's compliance efforts after these proceedings, it could later conclude that the company is in breach of DMA rules. Such violations could result in substantial fines of up to 10 percent of Google's global turnover.
Background: Google's Gatekeeper Status
Google was designated as a gatekeeper under the Digital Markets Act in September 2023 across multiple services including Search, Android, Chrome, YouTube, and Google Play. Since March 2024, the company has been required to comply with all applicable DMA obligations, making these proceedings particularly significant as they represent early enforcement actions under the landmark legislation.
The European Commission's actions reflect growing global scrutiny of major tech platforms and their market dominance. As artificial intelligence becomes increasingly integrated into digital services, ensuring fair access and competition in this emerging field has become a priority for regulators worldwide.
