The European Commission is investigating if Google is applying fair, reasonable and non-discriminatory conditions of access to publishers’ websites on Google Search, which is an obligation under the Digital Markets Act (DMA).
The DMA aims to ensure contestable and fair markets in the digital sector. It regulates gatekeepers, which are the large digital platforms that provide an important gateway between business users and consumers.
On 6 September 2023, the Commission designated Google Search as a core platform under the DMA. Alphabet, the owner of Google, had to fully comply with all DMA obligations for Google Search by 7 March 2024.
The Commission’s monitoring work has indicated that Google, based on its “site reputation abuse policy”’, is demoting news media and other publishers’ websites and content in Google search results when those websites include content from commercial partners. Google has stated that this policy aims to tackle practices which are allegedly designed to manipulate ranking in search results.
The investigation focuses specifically on its reputation abuse policy and how this applies to publishers. The policy appears to directly affect a common and legitimate way for publishers to monetise their websites and content. Therefore, the Commission is investigating whether Alphabet’s demotions of publishers’ websites and content in Google search may affect publishers’ freedom to conduct legitimate business, innovate and cooperate with third-party content providers.
The initiation of this investigation does not prejudge a finding of non-compliance and solely indicates that the Commission will further pursue the case.
If the Commission finds evidence of non-compliance, it will inform Alphabet of its preliminary findings and explain the measures it considers taking or that Alphabet should take to address the concerns. In the case of an infringement, the Commission may impose fines of up to 10% of the company’s worldwide annual turnover.
The Commission aims to conclude its investigation within 12 months of opening its proceedings.
