DMCC Competition regime’s teeth begin to appear

The Competition and Markets Authority (CMA) has published its proposed decision pursuant to the Digital Markets, Competition and Consumers Act 2024 in relation to Google’s general search and search advertising services.

The CMA is proposing to designate Google as having Significant Market Status (SMS) in relation to general search services which means, once adopted, Google will be subject to conduct requirements.  Conduct requirements are either or both of obligations on an SMS entity, e.g., present to users options or default settings in a way that allows users to make informed choices, or requirements, e.g., preventing an SMS entity from applying discriminatory terms.  Consultation on the proposed decision closes on 22 July 2025.

The ‘teeth’ of such conduct requirements are being sketched out by the CMA because at the same time as publication of the draft decision, the CMA has also published a Roadmap of possible measures to improve competition in search.  Third parties can comment on the prioritisation identified in the Roadmap until such time as it is updated, which is planned to be in early 2026.  The so-called ‘Category 1 measures’ which the CMA is expected to consult on shortly after issuing the final SMS designation decision (expected autumn 2025) will address:

• fair ranking principles and effective complaints process for businesses listed in search
• ensuring UK consumers can easily choose and switch between search services (potentially including AI assistants), including through choice screens
• ensuring effective data portability mechanisms for consumers to support competition and innovation
• ensuring transparency, attribution and choice for publishers in how their content, collected for search, is used in Google's AI services

The first of these – fair ranking - is perhaps of most importance for businesses that rely on customers that use Google search.  The CMA has indicated it wants to establish a ‘fair ranking principles’ requirement.  The details of this will need to be worked out but it is already clear that intervention by CMA to affect ranking will create winners and losers.  Businesses that want to promote or defend their business interests as regards their (i) business relationship with Google, or (ii) whose customers typically connect with them using Google search, should consider making their views known to the CMA.