European Commission issues preliminary Digital Markets Act findings requiring Google to share search data with rival engines and AI chatbots, with final decision due July 2026
The European Commission has sent preliminary findings to Google setting out proposed measures to bring the company into compliance with its obligations under the Digital Markets Act (DMA) — the EU regulation that designates large online platforms as 'gatekeepers' and imposes specific interoperability and data-sharing obligations. The Commission's proposal would require Google to allow third-party search engines access to its search data, including data generated by AI (artificial intelligence) chatbots with search functionalities. Google has pushed back, stating that the proposed measures raise privacy concerns and other objections. Interested parties have until 1 May 2026 to submit their views on the proposed measures, with a final decision expected in July 2026. The DMA came into force in November 2022 and its gatekeeper obligations have applied since March 2024. This is the first time the Commission has moved to specify concrete technical interoperability measures in the search market, a sector where Google holds over 90% market share across the EU. The search data sharing requirement — if finalised — would represent a structural intervention in how search index data flows across the market, with downstream implications for the commercial viability of smaller search engines and for AI-powered search products that rely on index access. Non-compliance with DMA obligations carries fines of up to 10% of annual global turnover, and up to 20% for repeat infringements.
Why this matters
The DMA preliminary findings mechanism is functionally similar to a Statement of Objections under competition law — it triggers a formal response window before a binding decision, and Google's pushback on privacy grounds signals a likely legal challenge if the measures are finalised. For regulatory practices, this creates demand for advice on DMA compliance obligations, interoperability architecture assessments, and Article 26 DMA judicial review proceedings before the Court of Justice of the EU (CJEU). The 'why now' trigger is the Commission's determination to demonstrate the DMA has teeth ahead of its third anniversary — the July deadline is deliberately tight. For UK firms, the DMA does not apply post-Brexit, but the extraterritorial effect on UK-based digital businesses operating in the EU, and the parallel Digital Markets, Competition and Consumers Act 2024 regime being built by the CMA, means this case will directly inform UK regulatory strategy for digital gatekeepers.
On the Ground
A trainee on a DMA compliance matter would draft regulatory notification documents setting out the client's position on proposed interoperability measures, prepare compliance gap analysis memos comparing current data-sharing practices against the Commission's preliminary requirements, and coordinate submissions ahead of the 1 May consultation deadline.
Interview prep
Soundbite
DMA search data-sharing obligations could force Google to hand competitors its most commercially sensitive asset — the index itself.
Question you might get
“What remedies does the European Commission have available if Google fails to comply with a final Digital Markets Act decision on search data sharing, and how does this differ from a traditional Article 102 TFEU abuse of dominance enforcement?”
Full answer
The European Commission has sent Google preliminary findings under the Digital Markets Act requiring it to share search data — including AI chatbot search data — with rival engines, with a final decision due July 2026. Google's privacy objections set up a likely legal challenge before the CJEU if the measures are confirmed. This matters commercially because search index access is the core competitive moat for any search business, and compelling its sharing would structurally reshape the European search market. For law firms, the DMA is generating a wave of gatekeeper compliance mandates and, increasingly, enforcement challenge work as tech companies contest the Commission's technical specifications. The UK's parallel DMCC Act regime means City competition practices are watching this case closely — CMA enforcement is likely to follow a similar template when its own digital markets powers become operational.
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