The Competition and Markets Authority (CMA) has imposed a new conduct requirement on Google Search, requiring it to take specific action under the UK’s Digital Markets, Competition and Consumers (DMCC) Act 2024. The CMA says the measure is intended to secure a fairer deal for publishers and consumers, while improving Google’s search services in the UK.
The CMA imposed the requirement after designating Google as having strategic market status (SMS) in general search services under the DMCC Act. That designation allows the CMA to introduce targeted rules (conduct requirements) for Google’s search activities where these are proportionate and aimed at ensuring fair dealing, open choices, or trust and transparency.
The CMA says the measures will give publishers effective tools to prevent their content from being used to power AI features in search, such as AI Overviews, and strengthen their position in negotiations over content deals with Google.
In addition, Google must ensure that publisher content is properly attributed, with clear links, in AI‑generated search results. The CMA says this is intended to improve consumer trust.
Following consultation feedback, Google will also have to allow publishers to opt out of the use of their content for the ‘fine-tuning’ of AI models. The CMA says this will give publishers confidence that they retain control over the full range of AI use cases for their content.
In May, Google announced significant changes to its search platform to further embed AI technologies, which could fundamentally change how search results are presented to users in the UK. This conduct requirement will apply to those changes. The CMA is also actively monitoring how Google is implementing them, including by assessing the implications for businesses. If necessary, it will bring forward further measures to ensure a fair exchange of value between Google and publishers.
The CMA will take an active role in overseeing how Google applies the new requirement to its search services. Google will have nine months to implement all changes, although the CMA expects important parts of the controls to become available to publishers well before that deadline. Google must also submit and publish compliance reports, supported by key data and metrics, explaining the changes it has made and how it has complied. These reports are due every six months for the first year, after which the CMA will review the reporting frequency. The CMA also welcomes feedback from interested parties as these changes are rolled out.
Since the digital markets competition regime came into force last year, the CMA has launched four strategic market status investigations into major technology companies, including Google, Apple and Microsoft. Conduct requirements are an important part of the regime, allowing the CMA to take proportionate and evidence-based steps to ensure designated businesses act in ways that improve digital markets and protect competition. The new conduct requirement is part of a broader series of updates expected over the coming weeks and months on the CMA’s digital markets work.
