The European Commission has launched proceedings into whether Google applies fair and non-discriminatory conditions of access to publishers’ websites on Google Search under EU internet rules.
The Commission says its monitoring of the EU’s Digital Markets Act (DMA) has shown indications 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. According to Google, this policy aims to tackle practices that are allegedly meant to manipulate ranking in search results.
The Commission’s investigation focuses specifically on Google’s ‘site reputation abuse policy’, and how that policy applies to publishers. This policy appears to directly impact a common and legitimate way for publishers to monetise their websites and content.
“Today we are taking action to ensure that digital gatekeepers do not unfairly restrict businesses that rely on them from promoting their own products and services,” said EC executive vice-president Teresa Ribera: “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. We will investigate to ensure that news publishers are not losing out on important revenues at a difficult time for the industry, and to ensure Google complies with the Digital Markets Act.”
The Commission stresses that its initiation of proceedings does not prejudge a finding of non-compliance. It merely indicates that the Commission will further pursue the case.
Should the Commission find evidence of non-compliance, the Commission will inform Alphabet of its preliminary findings and explain the measures that it considers taking or that Alphabet should take to effectively address the Commission’s concerns.
The Commission will aim to conclude its investigation within 12 months from the opening of the proceedings.
In case of an infringement, the Commission can impose fines up to 10% of the company’s total worldwide turnover. Such fines can go up to 20% in case of repeated infringement.
In case of systematic infringements, the Commission can also adopt additional remedies such as obliging a gatekeeper to sell a business or parts of it, or banning the gatekeeper from acquisitions of additional services related to the systemic non-compliance.
