Brussels has opened formal investigation proceedings against Google to assess whether the company is unfairly demoting news publishers and other media outlets in its search results. That would mean a potential breach of the EU’s Digital Markets Act.
The case is about Google’s site reputation abuse policy. The Commission said early evidence indicates that Google is demoting news media and other publishers “when those websites include content from commercial partners”, stressing that this practice appears to affect “a common and legitimate way for publishers to monetise their websites and content”.
“We are concerned that Google’s policies do not allow news publishers to be treated in a fair, reasonable and non-discriminatory manner” – Teresa Ribera, Commission Executive Vice-President
For the EU, this raises red flags at a time when media organisations are struggling to sustain viable business models. “We are concerned that Google’s policies do not allow news publishers to be treated in a fair, reasonable and non-discriminatory manner in its search results”, said Teresa Ribera, Commission Executive Vice-President. However, the company argues is designed to target practices that manipulate search rankings.
Google calls investigation misguided
Google strongly rejected the Commission’s reasoning. “The investigation announced today into our anti-spam efforts is misguided and risks harming millions of European users”, wrote Pandu Nayak, Vice President in Search at Google.
Google argues that its anti-spam policy is fundamental to keeping search results trustworthy. “Google’s anti-spam policy is essential to how we fight deceptive pay-for-play tactics that degrade our result”, argued Nayak. “We’ve heard from many of these smaller creators that they support our work to fight parasite SEO”.
The European Union’s Digital Markets Act is already making Search less helpful for European businesses and users – Pandu Nayak, Google Vice Presisent in Search
Nayak went further and stated that the DMA is hurting the quality of Search in Europe. “The European Union’s Digital Markets Act is already making Search less helpful for European businesses and users. This surprising new investigation risks rewarding bad actors and degrading the quality of search results”.
A new test for Google under the DMA
The proceedings come as Google faces mounting regulatory pressure in the EU. In September, the Commission fined the company €2.95bn for abuses in the advertising technology market. But the consequences went beyond the fine. Google has been ordered to propose structural remedies, potentially including divestitures, to eliminate conflicts of interest across its adtech operations.
Google is alleged to have distorted the online advertising market by favouring its own services to the detriment of competitors, advertisers and online publishers, according to the Commission.
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Meanwhile, DMA enforcement continues to widen. The Commission has fined Apple and Meta with €500m and €200m respectively, for breaching the regulation.
Media sector welcomes the investigation
Media representatives have reacted positively to the Commission’s new investigation. Courtney Radsch, Director of the Centre for Journalism at the Open Markets Institute, said the proceedings represent “a necessary use of DMA authorities”.
“Limiting the visibility of publisher content tied to commercial partnerships undermines legitimate revenue streams for journalism, making it even harder for publishers to remain economically viable and connect with their audiences in monopolised information ecosystems”, she wrote on social media.
What happens next
The opening of proceedings does not prejudge the outcome. If the Commission finds evidence of non-compliance, it will issue preliminary findings and allow Alphabet to respond. The EU aims to conclude the investigation within 12 months.
If infringement is confirmed, the consequences could be significant. The DMA allows fines of up to 10% of global turnover, rising to 20% for repeat violations. In cases of systemic non-compliance, the Commission can impose structural remedies. This includes the forced breakup of parts of a business.
