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DuckDuckGo calls for EU to widen its Digital Markets Act probe of Google
- DuckDuckGo has called on the EU to widen its Digital Markets Act investigation into Google, claiming that the search giant is in breach of several criteria not mentioned in current DMA investigations. The EU's DMA rules have only been in place since March, but found no violations from the large tech companies invited under the regulation. Kamyl Bazbaz, Senior Vice President for Public Affairs at DuckDuckGo, accused Google of a self-serving interpretation of the DMA and avoiding sharing “click-and-query” data that could help competitors.
- Bazbaz additionally highlighted two further complaints on Google's choice screens, which the regulation requires. According to DuckDuckGo, Google has not made it easy enough for users to switch defaults, calling for the EU to investigate. The EU lacks resources to conduct centralized enforcement, which some see as a reason to avoid more formal investigations. It’s also suggested that platforms are using tactics or malicious compliance to avoid following the letter and spirit of the DMA. Critics say this is putting major competitors under unnecessary pressure.
- Google had implemented choice screens as a response to the DMA, hoping to address the regulation's mandate of platform access on FRAND terms. This method has yet to be tested for DMA compliance. DuckDuckGo argued that the Google European Search Dataset Licensing Program fails to meet DMA requirements and willfully omits information and queries that are valuable to its competitors.
- The company noted a 75% increase in search queries on their platform coming from Chrome in comparison to Android, estimating that so few people see it as to make the impact on DuckDuckGo's install base insignificant.
- To date, no sanctions have been imposed on the large tech companies accused of violating DMA rules; fines for failing to comply can reach up to 10% of global annual turnover. Critics have accused major platforms of flouting the law and Big Tech of “malicious compliance”. The DMA is an ex-ante competition reform that applies a standard set of rules to the in-scope tech giants.
- However, while Google and other platforms have claimed that many of their changes aim for DMA compliance, critics remain unimpressed. They argue that Big Tech is using dramatics as an attempt to avoid complying with the real spirit of the law. There are worries among critics that the EU does not have the resources to conduct this enforcement and is risking this delay looking accidental.
- Although some have even expected the regulation, being self-executing, to require no regulatory enforcement, this has not yet proved to be the case.
- The EU’s investigation into Google's self-preferencing has yet to lead to any public announcements, in contrast to the preliminary breach findings the EU reached with Apple and Meta this summer in separate proceedings.
- Google, referring to both the letter and the spirit of the DMA, says that it has consulted extensively with industry experts and the European Commission to make significant changes to its products. The company states that it has also provided consumers and businesses with even more choices about what services they use, without compromising data.
- A spokesperson for the EU commented that they are committed to ensuring the DMA's implementation and enforcement, though they would not comment on the specific complaints made against Google.
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