European Commission publishes their decision on the Google Ad Tech investigation: EPC calls for strong meaningful remedies to restore fairness in digital advertising

The European Publishers Council (EPC) today welcomed the Commission’s finding that Google’s practices in their ad tech are illegal. The Decision concludes the long-running Google adtech investigation but leaves Google to propose how they will bring an end to their illegal practices.

The Commission imposed a fine as the tech giant has infringed competition rules by favouring its own online display ad tech services over its competitors, thus abusing its dominant position in the ad tech market.

The work continues over the next 60 days as Google must tell the Commission how it will bring an end to such practices and implement measures to end any conflict of interest in the supply chain of the ad tech markets.

On behalf of the European Publishers Council which brought the complaint against Google’s abuse of its dominance in ad tech, Angela Mills Wade, Executive Director of the EPC, said: “A fine will not fix Google’s abuse of its adtech. Strong and decisive action by Google to end illegal practices will be crucial, as Google will simply write off the fine as a cost of business.”

The EPC welcomed EVP Ribera’s statement saying that “At this stage, it appears that the only way for Google to end its conflict of interest effectively is with a structural remedy, such as selling some part of its Adtech business. This seems both necessary and proportionate to effectively stop the infringement.”

As well as the fine, Google now has 60 days to inform the Commission how it will resolve its behaviour and end the abuse. Any further entrenchment of their dominance will perpetuate unfair competition, and weaken news media and publishing companies which rely on advertising revenues.

“As complainants, the EPC will be seeking measures that manifestly change Google’s behaviour and address the core concerns of market foreclosure and the lack of transparency at the heart of Google’s dominance.For too long Google's tactics have reduced revenues for publishers”, said Mills Wade.

The EPC underlined that the case is a chance for the Commission to restore fairness and competition in digital advertising. In June 2023, when issuing the EC’s Statement of Objections, Commissioner Vestager made clear that “a behavioural remedy is unlikely to be effective at stopping the anti-competitive practices,” and stated that the Commission’s “preliminary view is that solely a divestiture will remedy Google’s alleged breach of EU antitrust rules.”

The EPC acknowledged Europe’s leadership in adopting landmark digital legislation to address abusive conduct by digital gatekeepers such as the Digital Markets Act and the Digital Services Act, where enforcement is ongoing but warned that ambitious antitrust investigations with strong legal findings are just as important. Without enforcement that matches the scale of the abuses, dominant platforms will continue to exploit loopholes, entrench their market power, and sidestep obligations under both competition law and new digital rules.

“We welcome the Commission’s commitment to meaningful changes and the prevention of repeat abuses. This will be essential in order to safeguard competition and strengthen Europe’s digital future, to protect media pluralism and ensure fairness in the age of AI”, Mills Wade added.

The EPC represents senior leaders of Europe’s major media groups. It has consistently called for decisive enforcement of competition and regulatory frameworks to ensure that publishers, advertisers and citizens alike benefit from fair, transparent and competitive digital markets.

More information about our complaint here.