The CMA issues a new Publisher Conduct Requirement for Google

The Competition and Markets Authority (CMA) has introduced a new publisher conduct requirement (Conduct Requirement) on Google. This new requirement aims to provide publishers with more control and greater bargaining power over the use of their content and give consumers a fairer experience when using the search engine.

In this article, Pippa Garden, trainee in our commercial team, explores what changes the CMA has introduced under the new Conduct Requirement, what it hopes to achieve by it and what the consequences might be for Google if it fails to comply with the changes.  

How is the CMA able to impose the new Conduct Requirement on Google? 

In October 2025, the CMA decided to designate Google with strategic market status (SMS) in general search services.

SMS is awarded by the CMA to large-scale tech companies that it considers hold “substantial and entrenched market power” and a “position of strategic significance”. In this instance, the CMA’s decision to award Google SMS was on the basis that 90% of searches conducted in the UK last year were made through the platform.

Having been designated this status, the CMA is now able to introduce strict, targeted, pro-competition rules on Google, known as ‘conduct requirements’.

What is the new Conduct Requirement?

The CMA announced the new publisher Conduct Requirement on 3 June 2026 with the aim of giving publishers greater control over how their content is used. Publishers can now opt out of allowing their content to be used as part of Google’s AI overview models.

When does the new Conduct Requirement come into force?

Google will have nine months from the day the publisher Conduct Requirement was announced (3 June 2026) to implement the changes. It is therefore expected that Google will be compliant by early March 2027, although the CMA has stated that it expects the important parts of the controls to come into force well before that deadline.

Why has the new Conduct Requirement been imposed? 

The Conduct Requirement is yet another step taken by the CMA as part of its wider attempt to increase transparency and protection of consumers.

More specifically, the CMA has introduced the Conduct Requirement in order to:

• Provide publishers with greater control over how their content is used on Google;
• Provide publishers with a stronger position to negotiate content deals with Google; and;
• Increase consumer trust – Google is now required to properly link publishers’ content in any AI-generated search results, so consumers better understand and trust the information provided to them.

What are the consequences of non-compliance? 

A failure to comply with the 3 June 2026 Publisher Conduct Requirement could expose Google to significant regulatory enforcement, including:

• Financial penalties – up to 10% of Google’s worldwide turnover;
• Remedial direction – the CMA can issue binding orders and injunctions forcing Google to undertake specific operational changes; and
• Ongoing monitoring – CMA can undertake a strict compliance review and force Google to engage in stringent reporting procedures.

Who will monitor Google's compliance? 

The CMA will be responsible for actively monitoring how Google implement these new changes.

To assist them with this, Google will be required to submit and publish compliance reports, initially every six months, supported by data, showing whether it has been able to comply with the Conduct Requirement and explaining how.

The CMA will continually monitor how Google’s implementation of these changes affects businesses, and if required, the CMA has warned it is willing to bring forward future reforms to ensure consumers experience adequate transparency and there is a fair exchange of value between Google and publishers.

To discuss this further or for advice on consumer law more generally, please contact David Wozniak on [email protected] or 0191 211 7831.