EU hits Google AI with probe as affiliates flag traffic misuse
The European Commission has opened a formal antitrust investigation into Google to assess whether the company has used online content from publishers and YouTube creators in ways that breach European Union (EU) competition rules. The focus is on how Google’s expanding AI tools gather, process and display material sourced from across the web.
The inquiry centres on AI Overviews and AI Mode, two features that generate AI-driven summaries directly within Google Search. The EU is examining whether these summaries rely on publisher content without fair compensation or a meaningful ability for creators to opt out. Regulators argue that such practices could disadvantage competitors and undermine the commercial viability of content-based businesses.
Publishers across a range of sectors, including gambling affiliates, which depend heavily on search traffic, have reported substantial declines in referrals since the rollout of AI summaries. Many say users now receive information within Google’s interface, reducing the likelihood of clicking through to external sites.
Some even warned that their reviews, guides and compliance-focused content have appeared in AI Overviews without sending traffic back, an issue that has intensified concerns about sustainability.
Unfair use of dominance?
A key part of the investigation is whether Google, due to its dominant position in search, has left publishers with no practical choice but to have their material used for AI development. The Commission is assessing whether creators had a realistic way to refuse the use of their content without harming their visibility, particularly given the commercial reliance many have on Google Search.
Such conditions could be considered “unfair trading practices” under Article 102 of the Treaty on the Functioning of the EU and Article 54 of the EEA Agreement. The scope of the case also expands to YouTube. Under the platform’s current terms, all uploads may be used to train Google’s AI models, and creators cannot opt out while remaining on the platform.
Regulators will examine whether Google’s policy, combined with restrictions preventing rival AI developers from accessing the same material, grants the company privileged training resources and distorts competition in the emerging AI market.
Already fined for gambling breaches
The Commission has given the case priority status. Although EU law imposes no fixed deadline for antitrust investigations, officials have already notified Google and national competition regulators across the bloc. The timeline for completion will depend on the complexity of the evidence and the level of cooperation from all parties involved.
The investigation comes as several European countries have separately scrutinised Google over gambling-related advertising on YouTube and search results. In Germany and Italy, authorities have fined or warned the company regarding ads from unlicenced betting operators. These cases are distinct from the AI probe but underline wider regulatory pressure on how Google handles gambling content.
If the Commission finds that Google’s conduct has breached competition rules, the outcome could reshape how online content is used for AI training in Europe, potentially requiring new opt-out mechanisms, compensation frameworks and revised platform terms. It may also set an influential precedent for future global rules on digital content and generative AI.
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