Choice screens and data dreams: the CMA unveils roadmap in relation to Google Search
04 August 2025The CMA has provisionally designated Google as holding Strategic Market Status (SMS) in General Search Services and indicated what is likely to be included in an initial package of interventions to mitigate Google’s market power in online search.
In January 2025, the CMA launched an investigation to determine whether Google should be designated as having Strategic Market Status (SMSI) in relation to its general search and search advertising activities (together, General Search Services). Once designated, the CMA can impose “conduct requirements” (CRs) on the designated firm and/or introduce “pro-competition interventions” (PCIs) to address the root causes of market power.
As discussed in our previous article, this investigation is the first of its kind under the Digital Markets, Competition and Consumers Act 2024 (DMCCA) and marks a significant step in the UK’s regulation of digital markets.
On 24 June 2025, the CMA published its Proposed Decision on designation (the Proposed Decision), provisionally concluding that Google holds SMS in respect of its General Search Services. Alongside the Proposed Decision, the CMA also released a Roadmap outlining the potential CRs and PCIs it may impose if Google is designated as having SMS in respect of General Search Services (the Roadmap).
Separately, on 23 July 2025 the CMA published its Proposed Decisions and roadmaps in relation to the SMSIs into Apple and Google’s mobile platforms. It will be interesting to see how any interventions made in those SMSIs might relate to or impact on the Google Search interventions (or vice versa), given the close link between search engines and browsers in particular.
The Proposed Designation
Strategic Market Status
To designate a firm as having SMS, the CMA must establish that it has: (a) substantial and entrenched market power; and (b) a position of strategic significance in respect of that activity.1
In relation to General Search Services, the CMA provisionally concluded that:
- Google has substantial and entrenched market power, as it has maintained a UK share of supply of over 90% for at least 15 years – during which no traditional general search providers have materially grown relative to it. Whilst the CMA accepted that AI assistants such as ChatGPT can also perform online searches, their use remains low compared to general search and Google is well placed to ensure they do not develop into a more significant competitive constraint. Further, there remain significant barriers to competitor entry and expansion, including Google’s scale, data advantages, and the strength of its wider ecosystem; and
- Google holds a position of strategic significance, on the basis of, among other things, its share of logged-in users of search services vs competitors, the number of queries input into Google vs competitors, and the number of UK businesses that use its search advertising services.
Scope of the designation
The CMA can group multiple products/services together as a single “digital activity” when designating a firm as having SMS.
In this investigation, the relevant digital activity (General Search Services) covers both general search and search advertising activities. The Proposed Decision defines general search as a service that searches the world wide web and may also use other sources to provide information on any subject. Search advertising is defined as a service that enables advertisements to be delivered to users of general search. The CMA determined that general search and search advertising should be regarded as a single digital activity as these functions are frequently performed together to fulfil the specific purpose of providing a general search and search advertising platform.
The Proposed Decision sets out that all information provided via Google Search falls within the scope of General Search Services. It emphasises that this includes results provided through Google’s AI Overview feature. Additionally, the proposed designation would also capture Google’s AI Mode, which was recently integrated into Google Search and launched in the UK (after an earlier rollout in the US).
The CMA has notably excluded Google’s Gemini AI assistant from the scope of the proposed designation, on the basis that, among other things, Gemini is branded, accessed, and monetised separately from Google Search. Although the CMA recognised that some users employ Gemini in a manner similar to general search, it observed that such usage represents only a small proportion of overall activity. Google's standalone specialised search services (e.g. Google Flights) are also excluded from the proposed designation.
On the search advertising front, the CMA has included Google Ads, AdSense for Search and SA360 within the scope of the designation, but excluded Google’s wider ad tech products (when not used for search advertising purposes).
The Roadmap
The Roadmap outlines potential CRs and/or PCIs the CMA could impose if – as expected – designation of Google’s General Search Services is confirmed. The primary objectives of these measures are to ensure that consumers and businesses are treated fairly when engaging with Google and to foster greater competition and innovation in the relevant markets.
The Roadmap sets out the CMA’s key focus areas for the first half of the five-year designation period. However, it is important to note that the proposed measures do not constitute a finalised list of actions the CMA will undertake if Google is designated for its General Search Services.
“Category 1” CRs
The proposed measures in the Roadmap have been categorised according to their level of priority. Category 1 measures are expected to be consulted upon in Autumn 2025 (alongside or shortly after the final designation decision) and reflect the CMA’s initial priorities, anticipated to deliver the most immediate benefits for businesses and consumers.
These measures include:
Choice screens
Choice screens can encourage competition by enabling users to select their default search engine when setting up their device rather than having one assigned to them. While in principle most devices allow UK users to choose their default search engine, this is typically available only in browser or device settings, after a device has been set up. Choice screens at the point of set up are currently not widely implemented (although they are presented to some UK users when setting up Android devices).
The CMA will therefore consult on imposing a search engine choice screen obligation on key access points such as Chrome and Android. Competitors in general search are likely to closely scrutinise the design of this CR. As the Roadmap recognises, the effectiveness of choice screens is highly dependent on their timing (i.e. the point at which they are presented to users) and underlying design (for example, in terms of the wording used, the ordering of choices and the formatting).
Data portability
The CMA states in its Proposed Decision that Google’s data advantages help to maintain its strong position in General Search Services, as the extensive data collected by Google not only supports its advertising activities but also enables it to innovate and tailor its search results to users from whom it has gathered data.
In light of this, the CMA’s Roadmap proposes a data portability CR, allowing users to move data (such as search history) freely and easily from Google Search to other search engines. This would make switching to competing services more seamless for consumers, while enhancing their experience on alternative search engines, as their data profiles would not need to be built from scratch. Furthermore, this requirement would ensure that individuals’ right to data portability under the UK GDPR is upheld when using Google Search. Data portability also enables competitors to utilise data to develop new products and services, therefore facilitating competition.
Google already voluntarily makes provision for data portability in the UK and in March this year unveiled a series of improvements it intends to make in this regard. However, the CMA notes that introducing a formal CR would increase certainty for businesses that rely on data portability to innovate.
Fair ranking
Under this proposed measure, the CMA wishes to introduce a “fair ranking principles” obligation to ensure that Google ranks and presents search results in a fair and non-discriminatory manner. This is to address concerns the CMA heard during the course of its SMSI that Google’s current search ranking system may not always operate fairly, and that changes that significantly impact on businesses’ ability to reach customers may be introduced rapidly, with little transparency.
The CMA also intends to consult on a requirement that Google should maintain an effective complaints process for businesses that allege that they have not been ranked fairly on Google Search. However, the CMA acknowledges that any such measures must strike the right balance between addressing publishers’ legitimate concerns and not placing undue burdens on Google to alter its search ranking policy, simply because a publisher is dissatisfied with its ranking.
Publisher controls
Under this proposed measure, the CMA is considering putting in place CRs which would ensure Google provides ‘fair and reasonable terms’ to publishers, in pursuit of the statutory objective of fair dealing. The suggestion by the CMA is that this will include consideration of both payment and non-payment terms offered by Google to publishers.
This may include enabling publishers to assert greater control over how Google uses their content for its AI Overviews and Gemini AI assistant, without affecting their rankings in Google search results. Additionally, the proposal seeks to ensure that content featured in AI Overviews is accurately attributed. The CMA’s reference to Gemini here is particularly interesting given it has (as noted above) been provisionally excluded from the scope of the SMS designation.2
The aim here is to address concerns publishers have about their content being used to develop AI models, and in relation to Google’s AI Overview impacting on traffic on their websites. However, the CMA acknowledges that it faces a challenge balancing the rights of content owners with innovation which many consumers will value. The CMA also notes that it is considering the viability of any measures it proposes under the new copyright regime currently being considered by the UK Government.
Other measures
Category 2 comprises measures where the CMA believes there may be a case for action, but where certain issues require further consideration, and where potential interventions may be more complex to develop. The CMA has placed into Category 2 CRs or PCIs relating to fair treatment of competing specialised search services, fair and reasonable use of publisher content, and greater transparency of search advertising. The CMA will consider such measures from the first half of 2026.
Category 3 measures are those the CMA does not expect to pursue in the first half of the five-year SMS designation period. These include measures relating to consumer control over use of their data, restrictions on Google’s ability to share data within its ecosystem, and measures on “ad load” (i.e. the number of ads presented at the top of the results page), auctions and ad prices. The CMA has “deprioritised” these areas but may revisit the case for intervention as it updates the Roadmap for the second half of the designation period.
Additionally, the CMA has included a further set of possible actions where it will monitor how proceedings develop internationally, before confirming categorisation in early 2026. This group of potential actions includes, among others, measures relating to agreements pursuant to which Google makes payments to device manufacturers and browser vendors in order for Google Search to be the initial default search engine.
Looking forward
Over the coming months, the CMA will consult with stakeholders on its Proposed Decision and Roadmap, ahead of its statutory deadline to publish its decision on SMS designation on 13 October 2025. Should the Proposed Decision be upheld, the CMA has indicated that it intends to issue the CRs Notice to Google as soon as possible, though there is likely to be some further consultation in respect of some of the CRs, and there may also be inbuilt implementation periods before the CRs take effect.
One area to monitor when the SMS designation is published (and beyond) is whether the CMA revises its provisional view that Google’s Gemini AI assistant does not fall within the scope of General Search Services. The CMA has signalled that it will keep this position under close review as usage of Gemini develops, and welcomes views from stakeholders on this issue.
Given that the investigation into Google’s General Search Services is the first SMS investigation under the DMCCA, the CMA’s approach will be closely watched by industry observers for insights into how other investigations may unfold.
For its part, Google has responded to the publication of the Proposed Decision and Roadmap by emphasising the positive impact of Google Search on the UK, stating that the CMA’s considerations “remain broad and unfocused, with a range of interventions being considered before any evidence has been provided.” Google warned that “punitive regulation” could prevent it from bringing new features to the UK, and that “proportionate, evidence-based regulation will be essential to preventing the CMA’s roadmap from becoming a roadblock to growth in the UK.”
1 The firm must also meet certain jurisdictional and turnover conditions – read our guide to the UK digital markets competition regime for more details.
2 The CMA is able to apply CRs to non-designated activities where they are aimed at preventing those activities being used in a way that would materially increase the SMS firm’s market power or bolster its strategic significance in respect of the designated digital activity
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