On 10 October 2025, the UK’s competition law regulator, the Competition & Markets Authority (CMA) used its powers under the Digital Markets Competition & Consumer Act 2024 (DMCCA) to designate Google’s general search and search advertising services with ‘Strategic Market Status’ (SMS). Following this designation, the CMA has now proposed a set of conduct requirements to be imposed on Google. In this briefing, we look at the story so far, what the conduct requirements are, and what they might mean for Google.
Why was Google designated as an SMS firm, and for what?
The DMCCA regime, in effect from 01 January 2025, intends to promote competition in digital markets by allowing the CMA to regulate the conduct of firms which meet the requirements of designation under the Act and are subsequently designated as having SMS by the CMA. SMS firms are the very largest providers of digital activities and to be designated a firm must meet turnover thresholds and have substantial and entrenched market power.
The CMA designated Google in respect of its general search function, which it provides to users, and its search advertising service, which it provides to business to enable them to advertise to users.
Neither SMS designation for ‘general search and search advertising services’ came as a surprise. The CMA’s decision stated that more than 90% of user searches in the UK take place on Google and that 200,000 businesses spent a collective £10bn on Google search advertising last year. The CMA considered that Google has held an ‘unparalleled’ position in these digital activities for an extended period.
The CMA’s designation decision also stated that it will monitor whether the significance of Google’s AI assistant ‘Gemini’ progresses to such a point that it will need to amend the scope of its designation (which would require a similar process to designation itself).
What it means
Once a firm is designated as having SMS, the DMCCA allows the CMA to regulate its conduct in two main ways:
- Conduct requirements. These are bespoke requirements which the CMA imposes on the SMS undertaking, which dictate how it must or must not conduct itself in relation to digital activities.
- Pro-Competition Interventions. These are orders to the SMS undertaking which set out how it must conduct itself or recommendations to regulatory authorities to take steps in relation to the SMS undertaking which allow the CMA to remedy an existing adverse effect on competition.
What conduct requirements has the CMA proposed?
The CMA is proposing a set of Conduct Requirements (CRs) specifically targeted at Google’s general search services. These are presented in several detailed documents (linked here), each addressing a particular concern:
- Data Portability: The right to data portability entitles individuals to obtain and reuse the personal search-related data they have provided to a controller by moving, copying, or transferring it securely between services. This enables individuals to make use of tools and applications that can analyse their data to secure better deals or gain insights into their own habits.
- Publishers: This is aimed at ensuring publishers receive fair treatment and to prevent discriminatory behaviour in how Google displays, ranks, or uses publisher content. The CMA’s three main areas of concern are that
- publishers lack meaningful choice over how Google uses their search indexed content in AI generated responses, which limits their ability to monetise that content while giving Google access to material that competitors cannot match;
- publishers have insufficient transparency over how their content is used in AI generated responses or how users engage with it, making it harder for them to make informed decisions about whether, and for what purposes, their content should be used; and
- effective attribution in AI generated responses is essential, as it enables consumers to verify information and helps publishers maintain brand value and support continued content creation
3. Fair Ranking: This seeks to prevent Google from manipulating search results unfairly, in particular where Google may favour its own services. The CMA is seeking to address how Google modifies the ranking and presentation of organic search results through changes to its algorithms, search policies, and new features such as AI Overviews and AI Mode. Stakeholders are concerned that these practices may lead to unfair ranking outcomes, limited transparency, insufficient consideration of wider market impacts, and inadequate ways for businesses to raise and resolve issues.
4. User Choice: The CMA’s proposed User Choice CR aims to improve Google’s search choice screens and related choice architecture so that UK users are more aware of the range of available search providers, more confident in choosing between them, and better able to switch quickly and easily on key Google‑controlled access points. The measure aims to ensure users can freely and easily select between Google’s search services and those offered by competitors, and it falls within the permitted type allowing obligations on how Google presents options or default settings to support informed and effective decision‑making. The CMA suggests that this requirement may improve consumer awareness, engagement, and switching, while also strengthening competition by enabling rival search providers to attract more users and enhance their services, ultimately increasing competitive pressure on Google.
As required under the DMCCA, the CMA must consult with stakeholders before imposing the conduct requirements on Google. The consultation period runs until 25 February 2026.
Our competition team has extensive experience of engagement with the CMA. We can support you in crafting or reviewing responses to the consultation or discussing any aspect of the CMA’s proposals.
Consultation Phase (Open Now)
- Closes: 25 February 2026 at 5pm
- Stakeholders are invited to submit comments via:
- An online form linked here
- Email to [email protected]
The CMA:
- Asks respondents to specify which proposed CR(s) they are commenting on.
- Will publish non-confidential versions of submissions.
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