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Poland has accused Google of potentially abusing its dominant position

The Polish Office of Competition and Consumer Protection (UOKiK) has brought charges against four companies within the Google group over negotiations with publishers regarding payments for the use of news content.
Dmitry Kalak Dmitry Kalak Reading time: 5 minutes
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The regulator believes that Google may have used its dominant position to withhold data from publishers that was necessary for them to assess the proposed terms, writes Reuters.

UOKiK’s claims relate to the use of content from Polish publishers on Google Search, Google News and Google Discover. According to the Polish regulator, during negotiations over remuneration, Google failed to provide publishers with the necessary information on how their publications were being used and what revenue was generated from their use.

The regulator also points out that Google did not disclose the parameters used to calculate the proposed remuneration, nor did it provide documents that would have allowed publishers to verify the underlying assumptions. In UOKiK’s view, this created an information asymmetry and limited publishers’ ability to negotiate on an equal footing.

The case concerns four companies: Alphabet Inc., Google LLC, Google Ireland Limited and Google Poland. At the time of publication, Reuters had not received any comment from them regarding the Polish regulator’s allegations.

UOKiK views the situation as a possible abuse of a dominant position. A dominant market position is not prohibited in itself, but a company must not use its market power to impose unfair terms on its counterparties, the publication notes. 

The dispute arose following changes to Polish copyright law

The conflict relates to changes to Polish copyright legislation, adopted in 2024 to implement the European DSM Directive.

The new rules provide for the possibility of online services using press content on condition that remuneration is paid to rights holders. At the same time, digital platforms must provide publishers with the information necessary to determine the amount of such remuneration, Reuters explains.

It is precisely this mechanism for determining remuneration that has become one of the key issues in Google’s relations with Polish publishers. According to the UOKiK, the lack of the necessary data could effectively deprive publishers of the opportunity to verify the economic viability of Google’s proposal and to formulate their own proposals based on comparable calculations.

The maximum fine for abuse of a dominant position in Poland can be up to 10 per cent of a company’s turnover, the regulator stated. However, the potential amount of the penalty in this case has not yet been determined, as the proceedings are ongoing.

That said, UOKiK is not a party to the negotiations between Google and the publishers and does not determine the exact amount of remuneration to be set. If the parties fail to reach an agreement, the question of the payment amount may, in cases provided for by law, be considered by the Polish Office for Electronic Communications (Urząd Ochrony Konkurencji i Konsumentów).

The Polish case is not directly linked to the EU’s AI investigation

UOKiK has specifically emphasised that its case differs from the European Commission’s investigation, which began in December 2025. The European Commission is examining whether Google uses publishers’ content in its artificial intelligence-based services without providing adequate compensation or the option to opt out of such use, Reuters reports.

The Polish investigation, however, concerns the use of content in Google’s traditional search services, as well as Google News and Discover. According to UOKiK, the two proceedings are being conducted independently of one another.

For the media market, the dispute has broader economic implications. Publishers are simultaneously dependent on major digital platforms as channels for attracting audiences, whilst competing with them for advertising revenue. Consequently, the question of what data these platforms provide to rights holders and how transparent the calculation of remuneration is becomes part of a wider debate on revenue distribution in the digital economy.

Earlier, in December 2024, the Polish e-commerce group Allegro, through its price comparison platform Ceneo, filed a lawsuit against Alphabet for 2.33 billion zlotys ($568 million), seeking compensation for alleged anti-competitive behaviour, Reuters reports.

This story was translated with the assistance of artificial intelligence.The translation was also reviewed by the Logos Press editorial team.


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