#33 The Origin Story Behind the CMA's Conduct Requirements w/ Tim Cowen

This episode features Tim Cowen, discussing the impact of AI Overviews on market competition and news publishers. Tim presents the legal complaints and expertise he has rendered to competition authorities and agencies surrounding market suppression tactics, which can potentially be analysed as competition harms.The episode was recorded before the CMA issued its conduct requirements relating to Google's AI Overviews under the DMCCA, see here: https://assets.publishing.service.gov.uk/media/6a1f0098b95db968c8f3bdb9/Publisher_CR_final_decision.pdf. Throughout the conversation, Tim touched upon different tenets of enforcement that have been taking place surrounding Google's position in search. Click on them directly below: - 01:35, Google's introduction of Bard in 2023: https://blog.google/innovation-and-ai/technology/ai/bard-google-ai-search-updates/. - 01:49, The French competition authority intervenes by fining Google relating to the use of publisher content: https://www.autoritedelaconcurrence.fr/en/article/related-rights-autorite-fines-google-eu250-million. - 02:48, The European Commission's Google Shopping decision: https://competition-cases.ec.europa.eu/cases/AT.39740. - 03:07, The Court of Justice's ruling in Android Auto (actioned by Enel's service, JuicePass): https://infocuria.curia.europa.eu/tabs/document?source=document&docid=295687&doclang=en. - 08:53, Judge Mehta decides that AI is a separate product from search: https://www.npr.org/2025/09/19/nx-s1-5538073/google-search-antitrust-data-privacy. - 10:19, The European Commission triggered a non-compliance procedure against Google's site reputation abuse policy: https://digital-markets-act.ec.europa.eu/commission-opens-investigation-potential-digital-markets-act-breach-google-demoting-media-publishers-2025-11-13_en. - 11:23, Bauer Media announces major digital restructure with respect to Heat and Grazia magazines: https://digiday.com/media/bauer-media-group-slashes-publishing-headcount-in-company-wide-restructure/. - 12:41, The Daily Mail reported a +70% decline in click-through rates due to the introduction of AI Overviews: https://digiday.com/media/daily-mail-says-google-ai-overviews-have-killed-click-throughs/. - 13:36, Pew Research Center research on AI Overviews: https://www.pewresearch.org/short-reads/2025/07/22/google-users-are-less-likely-to-click-on-links-when-an-ai-summary-appears-in-the-results/. - 13:36, Enders Analysis research on AI Overviews: https://www.endersanalysis.com/reports/publishers-invisibility-problem-organic-traffic-under-pressure. - 13:36, MIT research on AI Overviews: https://www.mitsloanme.com/article/how-googles-near-accurate-ai-overviews-fuel-misinformation/. - 13:49, Google announces that it will roll out more AI Overviews: https://blog.google/products-and-platforms/products/search/search-io-2026/. - 14:15, SparkToro reporting on the zero-click world: https://sparktoro.com/blog/in-a-zero-click-world-traffic-is-a-terrible-goal/. - 16:41, Judge Mehta rules AI Overviews conduct as out of scope: https://www.brookings.edu/articles/google-decision-demonstrates-need-to-overhaul-competition-policy-for-ai-era/. - 26:15, Impact of AI on jobs in the UK: https://www.gov.uk/government/publications/assessment-of-ai-capabilities-and-the-impact-on-the-uk-labour-market/assessment-of-ai-capabilities-and-the-impact-on-the-uk-labour-market. Key moments00:00 Introduction to AI Overviews and Competition Law01:22 The Complaint Against Google: Background and Context10:49 Google's Defense and the Impact on Publishers16:28 Global Regulatory Landscape and the Role of Authorities23:19 Proposed Remedies and the Future of CompetitionTo learn more about Dr. Alba Ribera Martínez and her research, we invite you to visit her website: https://www.albariberamartinez.com.