EC probes Google over demotion of media publishers’ content

The European Commission (EC) said on November 13 that it had formally launched proceedings to assess whether Google applies fair, reasonable and non-discriminatory conditions of access to publishers’ websites on Google Search, which is an obligation under the Digital Markets Act (DMA).

The EC said that its monitoring work 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.

Therefore, the Commission is investigating whether Alphabet’s demotions of publishers’ websites and content in Google Search may impact publishers’ freedom to conduct legitimate business, innovate, and cooperate with third-party content providers.

The 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 per cent of the company’s total worldwide turnover. Such fines can go up to 20 per cent in case of repeated infringement.

In the event of systematic infringements, the Commission may 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.

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