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The DMA Forces Google to Do What a Decade of Competition Law Couldn't

Théodore BaillyPublished on 30 septembre 20265 min read
Parlement européen à Strasbourg au coucher du soleil

Introduction

On September 29, 2026, Google filed two separate appeals before the General Court of the European Union in Luxembourg, contesting injunctions issued in July by the European Commission under the Digital Markets Act (DMA). The move is unprecedented in scope: for the first time, a Brussels-designated gatekeeper is mounting a direct legal challenge to remedies adopted under digital competition rules.

This marks a turning point in DMA enforcement. After two years of designations, negotiations, and technical exchanges, European digital regulation has entered its litigation phase.

Two Injunctions, Two Distinct Battles

The first contested decision requires Google to share anonymised data from its search engine — queries, clicks, and result rankings — with competing search engines and AI chatbots. The original effective date is January 2027. This is where the conflict is most heated: Google argues there is a risk of "irreversible harm to user privacy," claiming that the Commission's anonymisation standard falls short. Brussels, which developed its position with independent data protection experts, maintains that the safeguards are adequate — and DuckDuckGo, which stands to benefit directly from the data access, has publicly backed the Commission's stance.

The second injunction, with a deadline running to August 2027, requires Android to open eleven OS features to AI assistants competing with Gemini — including voice activation and certain in-app interactions. In plain terms: Brussels wants alternatives to Google's own assistant to be able to integrate with Android on equivalent terms.

What the Appeals Do Not Suspend

A critical point for industry stakeholders: filing an appeal does not automatically freeze the measures. The January and August 2027 deadlines remain in force unless the Court explicitly rules otherwise. Google must therefore advance on two parallel tracks: litigation on one side, compliance on the other. This is a deliberate pressure tactic from Brussels, designed to ensure that a legal challenge cannot function as a de facto stay of execution.

What CIOs and IT Leaders Should Watch

For IT and technology decision-makers, these decisions are more of a signal than a direct constraint — but a significant one. They confirm that the DMA is entering a phase of real enforcement, and not just for the gatekeepers themselves.

By forcing open access to search data, the Commission is creating the conditions for a structural rebalancing of the search market — and, by extension, of generative AI. Alternative search engines and chatbots that gain access to this click and query data could meaningfully close the relevance gap with Google.

For any IT leader evaluating internal search tools, document indexing engines, or conversational AI assistants, the question becomes concrete: how different will the competitive landscape look in 2027? Alternative providers benefiting from this data could deliver comparable performance at more attractive pricing or under more favourable governance terms — particularly relevant for organisations looking to reduce their dependency on US hyperscalers.

Regulatory Pressure Is Accelerating

This appeal reflects a broader pattern: legal resistance to DMA obligations is now a fixture of the landscape, as Apple and Meta have already demonstrated on separate cases. What sets this case apart is the centrality of the asset in dispute — search data is the fuel that powers AI — and Brussels' explicit refusal to push back the enforcement timeline.

For European organisations, the takeaway is less technical than strategic: factoring regulatory dynamics into technology selection and renewal cycles is no longer an optional best practice. It is a market variable in its own right.

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The DMA Forces Google to Do What a Decade of Competition Law Couldn't