EU tightens scrutiny of Google under DMA with fresh focus on AI and search data

The European Commission has taken a fresh step to tighten oversight of Google under the Digital Markets Act, opening two specification proceedings that target artificial intelligence interoperability and access to search data. While the move stops short of a formal investigation, it signals rising impatience in Brussels over how the US technology giant is meeting its obligations as a designated gatekeeper.

The first proceeding focuses on Android and the integration of AI services within the operating system. Regulators want Google to spell out how third-party AI providers can gain the same level of access to Android features as Google’s own AI tools, including Gemini. The concern is that Google’s control over Android could allow it to give preferential treatment to its in-house AI services, limiting competition at a time when AI is becoming deeply embedded in consumer devices.

The second proceeding centres on Google Search and the vast volumes of data generated by its platform. The Commission is seeking greater clarity on how rival search engines can access anonymised ranking, query, click, and view data from Google Search on fair and non-discriminatory terms. Regulators see such data as essential for competitors seeking to improve the quality and relevance of their own search offerings, especially as AI-powered search products gain momentum.

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Teresa Ribera, the EU’s Executive Vice-President for Competition, said the action reflects broader concerns about how the rapid expansion of AI could reinforce the dominance of a handful of large technology firms. She stressed that the Commission’s objective is to ensure the benefits of AI are widely shared, rather than locked behind platforms controlled by a few major players.

Google has pushed back against the Commission’s approach, arguing that it is already complying with many of the DMA’s requirements. Clare Kelly, Google’s Senior Competition Counsel, said Android has long been open by design and that the company is already licensing search data to competitors as mandated by the new rules.

However, Kelly warned that expanding access further in response to rival complaints could create unintended consequences. She said broader data sharing and deeper system-level access could undermine user privacy, security, and innovation, a position Google has consistently taken in regulatory disputes.

The Commission has emphasised that the current proceedings are not infringement investigations. Instead, they are designed to provide guidance on how Google should implement the DMA in practice. Over the next six months, regulators will share preliminary conclusions with Google and publish non-confidential summaries to invite feedback from third parties.

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Still, the potential consequences are significant. If the Commission later determines that Google’s compliance falls short, it can formally declare the company in breach of the DMA. Penalties can reach up to 10 percent of a firm’s global annual revenue, which would amount to billions of dollars for Google.

Google was formally designated a gatekeeper under the DMA in September 2023, covering services including Search, Android, Chrome, YouTube, and Google Play. Full compliance has been required since March 2024. The latest proceedings suggest that, in the Commission’s view, questions remain about whether Google is truly levelling the competitive playing field as Europe’s landmark digital competition regime intends.