The European Union (EU) has raised a formal complaint against Google alleging that the US tech giant might be illegally using the content of publishers and YouTube creators to train its AI systems. In response, the EU has opened an official antitrust investigation against the company. The commission is taking the step as the regulatory war between US Big Tech and the EU escalates, and generative AI becomes the central theme of internet platforms.
Probe Into “Privileged Access” for AI Training
On Tuesday, the European Commission announced that it would investigate whether Google, the company behind the Gemini AI model and owned by Alphabet, had provided itself with “privileged access” to online content that competitors cannot get, thus potentially creating unfair competition in the rapidly evolving AI market. The Commission is also examining whether Google imposed “unfair terms and conditions” on publishers and creators whose content feeds its AI tools.
Key Question: Was Content Taken Without Permission?
The central issue is whether Google harvested text, images, and videos from news sources and YouTube creators to develop generative AI models—such as Gemini and AI-powered search—without providing proper compensation or meaningful options to opt out.
Possible Breach of EU Competition Law
EU officials say Google may have used publisher content shown in search results to build AI responses without obtaining permission, while simultaneously preventing competitors from accessing similar material through restrictive platform rules. If confirmed, such behavior could violate Article 102 of the Treaty on the Functioning of the European Union, which prohibits abuse of a dominant market position.
YouTube Creators Must Grant Broad Rights to Google
The Commission noted that YouTube creators are contractually required to grant Google wide-ranging permission to use uploaded videos, including for AI training. Meanwhile, YouTube’s terms prohibit rival AI developers from scraping or using YouTube data, effectively giving Google exclusive access to one of the world’s largest video libraries.
“Content creators uploading videos on YouTube have an obligation to grant Google permission to use their data for different purposes, including for training generative AI models,” the Commission said. “Google does not compensate YouTube content creators for their content, nor does it allow them to upload content without giving Google these rights.”
Google Rejects Claims, Warns of “Stifled Innovation”
Google argues that limiting its access to data could hinder progress in an intensely competitive global AI market. “This complaint risks stifling innovation in a market that is more competitive than ever,” a spokesperson said.
EU Tightens Scrutiny on AI and Digital Platforms
The investigation comes as the EU strengthens oversight of AI technologies. The Union’s competition chief said AI represents “remarkable innovation” but must not undermine fairness, transparency, or creators’ rights.
Part of a Pattern: Big Tech Under Fire
This case adds to a string of EU actions targeting US tech giants:
- Google was fined nearly €3 billion in September for favoring its own advertising services.
- X (formerly Twitter) received a €120 million fine last week for misleading verification and opaque advertising practices.
- Meta is under investigation for AI features on WhatsApp and was fined €798 million last year for Marketplace-related abuses.
- Apple lost its 2024 appeal over a €13 billion back-tax ruling.
Some US officials have criticized these penalties as politically motivated, while others defend them as necessary regulation.
Google’s CEO Acknowledges AI Limitations
Alphabet CEO Sundar Pichai has urged caution around AI, warning users not to “blindly trust” model outputs and acknowledging that AI systems remain “prone to errors.”
What Comes Next for Google?
The investigation signals Europe’s determination to define rules for data access and AI development—especially when content originates from European citizens, creators, and companies. If Google is found to have breached competition law, it could face heavy fines, operational restrictions, or new obligations for its AI services.
