Antitrust Law Daily Wrap Up, ANTITRUST NEWS: European Commission rebuked for delayed DMA non-compliance decision on Google Search, (Mar 18, 2026)
Organizations Mentioned:Alphabet (Class A) | Alphabet, Inc. | Apple | Apple, Inc. | Google | Meta Platforms, Inc.
By Kenneth H. Ryesky, M.B.A., J.D.
Open letter by eighteen organizations takes to task the EC on its delayed investigation of Google Search's illegal self-preference algorithms.
A group of 18 organizations representing "a broad and diverse coalition spanning travel, music streaming, news and magazine publishing, online platforms and marketplaces, broadcast media, startups and scaleups, digital rights, and consumer organisations" has published an open letter to the EC, noting that the EC has exceeded by nearly one year the DMA's 12-month timetable benchmark for issuing a non-compliance decision regarding Alphabet's Google Search search engine.
Background. Pursuant to a political agreement between the European Parliament and the Council of the European Union, the Digital Markets Act (DMA) was enacted, and became effective on May 2, 2023. In enforcing the DMA's provisions, the European Commission (EC) designated certain large Internet platform operators as "gatekeepers" who have met the threshold requirements as such under the DMA.
On March 25, 2024, the EC announced that it had opened non-compliance investigation proceedings regarding three designated gatekeepers, (1) Apple, Inc. (Apple); (2) Alphabet, Inc. (Alphabet); and (3) Meta Platforms, Inc. (Meta). The DMA aspirationally sets a 12-month deadline for the EC to adopt a non-compliance decision [DMA, Art. 29(2)].
Alphabet's suspected illegal activity. Alphabet is the parent company of Google LLC, whose search engine Google Search dominates the online general search engine market. The EC's investigation addressed suspicions that Google Search algorithms gave improper preferential ranking of the results for Alphabet's own items [DMA, Art. 6(5)]. The organizational signatories to the open letter contend that "Every passing day further erodes the profitability of European companies, hampering their ability to invest and grow." The open letter asserts that the discussions between the EC and Alphabet have concentrated upon the organic online search results while largely ignoring the search results that are paid advertisements or otherwise given preference by the Google Search artificial intelligence algorithms.
What the open letter implores. The open letter, on a letterhead featuring the logos of the 18 signatory organizations, states, in boldface type, "After two years of investigation, one year of preliminary findings, and compliance discussions that have led nowhere, the time for dialogue has passed. The Commission must act to end Alphabet’s continued non-compliance." The signatories urge the EC to act expeditiously issue a non-compliance decision and impose the relevant penalties [DMA, Art. 31], and, to the extent that any further delay might be necessary, to order interim measures to forestall any further harm to competition [DMA, Art. 24]. The open letter concludes with the statement "The DMA is Europe's last chance to ensure that digital markets remain open, fair, and contestable. We stand ready to support the Commission in that endeavour and urge you to act decisively and swiftly now."
Companies: Apple, Inc.; Alphabet, Inc.; Meta Platforms, Inc.; Google
News: Antitrust