EU Orders Google to Give Rival AI Assistants Same New Android Access as Gemini Under Antitrust Rules

In a significant enforcement action under the European Union's Digital Markets Act, the European Commission has mandated Google to grant rival artificial intelligence (AI) assistants equal access to its Android operating system. This ruling, issued on Thursday, aims to foster competition in the AI assistant space by ensuring that third-party services can operate on the same level as Google's own Gemini assistant. The decision is poised to reshape how AI assistants function on mobile devices, allowing users to activate their preferred assistants through voice commands by July 2024.

The European Commission's order delineates 11 specific feature points across four broad categories that Google must comply with. These categories include the ability for users to invoke third-party AI assistants similarly to how they would use Gemini, access to contextual data from other applications and device sensors, the capability to perform tasks across multiple apps rather than being limited to a single app, and access to on-device hardware and software resources. Currently, Gemini can execute tasks such as sending emails or ordering food by coordinating actions across various applications, thanks to its privileged access to Android's core systems. In contrast, third-party AI assistants have been restricted to functioning within their own app environments, limiting their capabilities.

The Commission's ruling mandates that Google open its application programming interfaces (APIs) to allow qualifying rival assistants to perform similar cross-app functions. This change is intended to create a more level playing field for AI assistants, enabling them to compete effectively with Gemini and enhance user experience on Android devices.

The Second Order: Data Sharing

In addition to the Android access order, the European Commission has issued a second binding measure requiring Google to share anonymized search data with competing search engines. This data includes information on search rankings, queries, clicks, and views collected by Google Search. The objective of this measure is to provide rival search providers with the necessary data to improve their services and offer viable alternatives to Google Search, particularly for AI chatbot providers who rely on similar data for refining their products. Google is expected to begin sharing this search data with rivals by January 2027, with oversight from an independent third party to ensure proper anonymization.

Google has been granted approximately a year to implement the required changes, with the majority of the Android modifications expected to be rolled out in the next major version of the operating system, anticipated in July 2024. This timeline is subject to potential legal appeals that Google may pursue against the rulings.

Industry Reactions and Implications

The enforcement actions represent a significant escalation in the ongoing regulatory scrutiny faced by Google in Europe. Earlier this month, the Commission initiated specification proceedings to determine the exact compliance requirements under the Digital Markets Act. Google's senior competition counsel, Clare Kelly, expressed concerns about the rationale behind the review, arguing that Android is already open by design and that the company licenses search data to competitors under the Act. Kelly warned that additional rules driven by competitor grievances could compromise user privacy, security, and innovation.

In contrast, Kent Walker, Google's president of global affairs, criticized the decisions, suggesting they could weaken existing protections for users across Europe. He emphasized that the rulings risk undermining vital privacy and security measures, arguing that further opening up Android could diminish device security.

Conversely, Fiona Scott Morton, a Yale economist and senior fellow at the Brussels-based think tank Bruegel, offered a more favorable view of the Commission's approach. She argued that the four access categories identified by regulators accurately capture the essential elements that determine whether a rival AI assistant can function effectively as a device-level service, akin to Gemini, rather than merely as another downloaded app. Scott Morton contended that if enforced as proposed, these measures could help prevent the monopolization of AI services within the European market.

The rulings against Google also echo a separate dispute the Commission has been navigating with Apple regarding similar interoperability requirements under the Digital Markets Act. Apple has indicated that its Siri AI assistant will not be available in the EU when iOS 27 launches, following unsuccessful negotiations with regulators. Unlike Apple, which has opted for a more cautious approach, Google has chosen to launch its Gemini integration on Android first, allowing users to access the assistant while navigating the compliance process.

Thursday's enforcement action adds to a growing list of regulatory challenges Google faces in Europe under the Digital Markets Act. This includes ongoing investigations into whether the company favors its own services in search results and how it manages developer access within its Play Store ecosystem. The Commission has previously upheld a record antitrust fine exceeding €4 billion against Google for its Android practices, highlighting the sustained scrutiny the company faces in the European market.