17MAY

Brussels keeps Google DMA replies sealed

2 min read

14:28UTC

The Commission's public consultation on Google's DMA Article 6(11) search-data obligation closed on Friday 1 May; Brussels has not published the submissions, citing Alphabet's right of reply.

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Key takeaway

Brussels has sealed the Google DMA submissions until the binding decision lands on 27 July.

The DMA.100209 public consultation on Google's search-data sharing obligation closed on Friday 1 May ¹. The European Commission has not published the submissions, citing Alphabet's right of reply. The consultation was opened on 16 April on the back of the preliminary measures the Commission served on Alphabet ; the binding decision is due Monday 27 July.

The sealed submissions are the only public window onto how rivals, advertisers and search-data clients argue the Article 6(11) interoperability test. Holding them back until Alphabet replies narrows what civil society and Brussels press can scrutinise before adoption. The 27 July ruling lands three days after the United States Trade Representative's Section 301 final determination on EU digital rules . The order in which those two outputs arrive, and what Washington says about tariff posture in between, is the political weather under which Brussels writes the EU's first cloud-AI gatekeeper remedy.

Deep Analysis

In plain English

One of the EU's rules for large tech companies (the Digital Markets Act) requires Google to share its search data with rival search engines and comparison services, so competitors can improve their products. A public consultation on exactly what data Google must share closed on 1 May 2026. Normally, the Commission publishes consultation responses so the public can see what companies and civil society said. In this case, it has not done so yet, citing Google's legal right to respond to any submissions before they are published. The binding decision on what Google must actually do is due on 27 July 2026. The sealed submissions mean no one outside the Commission currently knows the arguments Google has made in its defence, or what its rivals have demanded.

Source Landscape

This story draws on neutral-leaning sources from United States and France

United States

France

LeftRight

Consensus view: EUI (European University Institute) Florence School of Regulation's Pier Luigi Parcu argues the Commission's decision to withhold consultation submissions on the basis of Alphabet's right-of-reply procedural guarantee is legally defensible under DMA Article 34, but sets a disclosure precedent that weakens the Act's credibility as a transparent enforcement regime: the same provision is available to Apple, Amazon, and Meta in their own open proceedings.

Counter-view: US Chamber of Commerce Europe's Marjorie Chorlins contends the sealed consultation is consistent with standard European administrative law and no different from the pre-publication phase of an OFCOM investigation in the UK, and that reading it as a threat to transparency reflects a misunderstanding of how EU administrative procedure works in adversarial enforcement contexts.

Key tension: Whether the Commission's procedural orthodoxy protects enforcement integrity or creates an opacity norm that enables companies to delay disclosure of compliance arguments for months after public consultation closes.

Sources:European Council·Bloomberg·gHacks

Mentions:European Commission →Google →Digital Markets Act →Meta →United States →Section 301 →Alphabet →Washington →Apple →Amazon →European University Institute →DMA.100209 →USTR →

First Reported In

Update #4 · CISPE moves first; Brussels misses again

European Council· 7 May 2026

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Causes and effects

Caused by

DMA clock starts toward six-day AI Act collision

The DMA.100209 consultation closure on 1 May is the next procedural step after the Commission opened the Google search-data consultation on 16 April; the Commission's withholding of submissions advances the file toward the 27 July binding decision.

Occurred 16 Apr 2026

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This Event

Brussels keeps Google DMA replies sealed

The withheld responses are the only public window onto how Commission rivals and clients argue search-data interoperability before the binding decision lands on 27 July.

Different Perspectives

OpenForum Europe / open-source community

The EUR 350m Sovereign Tech Fund has no Commission host, no budget line, and no commissioner's name attached six weeks after the April conference, while Germany is already paying maintainers to staff international standards bodies. The CRA open-source guidance resolves contributor liability but leaves the financial-donations grey area open with the 11 September reporting clock running.

ASML / Christophe Fouquet

ASML's Q2 guidance miss of roughly EUR 300m below consensus reflects DUV revenue compression set by US export controls, not European policy. Fouquet said 2026 guidance accommodates potential outcomes of ongoing US-China trade discussions; a bipartisan US bill to tighten DUV sales further would accelerate the cross-subsidy thinning Chips Act II's equity authority is designed to address.

Anne Le Henanff / French G7 Presidency

Le Henanff chairs the 29 May Bercy ministerial two days after Brussels adopts the Tech Sovereignty Package, making the G7 communique the first international read of the Omnibus enforcement split and CAIDA's scope. France's Cloud au Centre doctrine is already operational via the Scaleway Health Data Hub contract.

German federal government

Berlin operationalises sovereignty through procurement mandates (the ODF requirement and the Sovereign Tech Standards programme) rather than waiting for Commission legislation. The Bundeskartellamt has still not received the Cohere-Aleph Alpha merger filing, leaving Germany's flagship AI champion in structural limbo six weeks after the deal resolved.

US Trade Representative

The USTR Section 301 investigation into EU digital rules closes with a 24 July 2026 final determination. CAIDA's public-sector cloud restriction sits within the criteria that triggered the 2020 Section 301 action against France's digital services tax, and the US has not signalled whether the Thales-Google S3NS arrangement resolves CLOUD Act jurisdiction concerns.

CISPE / Valentina Mingorance

CISPE shipped its own pass-fail sovereignty badge in April to establish an industry-auditable floor the Commission could adopt. Whether CAIDA inherits the CISPE binary or the multi-tier SEAL approach will determine whether certification is enforceable by public contracting authorities or requires Commission discretion.