On 14 January 2025, the CMA published its first ‘Significant Market Status’ investigation into Google in relation to its use of ‘general search’ and ‘search advertising’ as part of the new DMCC Act regulations. The outcome of the investigation will almost certainly be that Google will be designated as having Significant Market Status (SMS) and, as a consequence, the CMA will impose a suite of regulatory remedies on it to address the issues it identifies.

As part of the investigation, the CMA has already identified a long list of issues and potential ways to address them, which it is currently consulting on, as required. Key issues being considered include:

1. Addressing weak competition and barriers to entry and innovation in search: Intervention;
2. Preventing leveraging of market power and ensuring open markets;
3. Protecting users against exploitative conduct.

A number of interventions have been proposed to address these issues, which are likely to result in conduct requirements that Google will be required to comply with. These include:

1. requiring that Google does not self-preference;
2. requiring that Google does not share user data across its services;
3. restricting Google from tying search web crawling for the purposes of its AI services;
4. giving consumers more control over their data;
5. ensuring rankings are non-discriminatory;
6. requiring fair payment terms for publisher content; and
7. measures to deal with search advertising issues.

The CMA published a detailed timetable of steps it intends to take during the SMS investigation, which includes a number of opportunities for Google and interested third parties to comment and provide evidence. The investigation is due to conclude on 13 October 2025.

The first step is that the CMA has also published an ‘Invitation to comment’ as part of the SMS investigation and invites submissions on:

1. the scope of the investigation;
2. whether the issues are the right ones to focus on; and
3. how any interventions could be designed effectively.

The deadline to respond is 11.55pm on 3 February 2025.

We would be delighted to help if you need a hand and of course would be very happy to have a discussion if that would be useful – get in touch here.