The CMA has today, 24 June 2025, published its proposed decision to designate Google with Strategic Market Status (“SMS”) in relation to general search and search advertising. This would enable the CMA to impose remedies for competition problems it has identified under the Digital Markets, Competition and Consumer Act (“DMCCA”) regulations.

While not a big surprise, as it is the very first proposed SMS designation decision from the CMA (on the most profitable company in the world), and the next formal step in the process to impose remedies under the DMCCA, it represents a significant milestone in the implementation of the new regulatory regime.

Alongside the proposed decision, the CMA has published a “Roadmap” outlining potential remedies / interventions it may impose once the designation decision is final. With a firm eye on its prioritisation principles, proportionality and making use of the flexibility that the DMCCA provides (over its EU counterpart), the CMA has split the potential relevant interventions into four categories:

• Category 1: Interventions to consult after the SMS decision in “Autumn”:
  • Ensuring UK consumers can easily switch (potentially including AI assistants).
  • Effective data portability mechanisms for consumers.
  • Fair ranking and effective complaints process for businesses listed in search.
  • Ensuring transparency, attribution and choice for publishers in how their content, collected for search, is used in Google’s AI services.

• Category 2: Interventions to consult on in the first half of 2026:
  • Fair treatment of specialist search services.
  • Fair and reasonable terms in relation to use of publisher content.
  • Greater transparency of search advertising for advertisers and consumers.

• Category 3: Interventions the CMA does not expect to pursue in the first half of the designation period i.e., 2.5 years:
  • Measures relating to consumer control over use of their data.
  • Restrictions on Google’s ability to share data within its ecosystem.
  • Measures on ad load, auctions and ad prices.

• (Unofficial Category 4) Interventions the CMA is still considering for prioritisation against international developments:
  • Addressing barriers to entry and expansion from Google’s distribution agreements with OEMs, MNOs, Browser Vendors and other parties.
  • Requiring sharing of certain data with search competitors.
  • Ensuring fair, reasonable and non-discriminatory access to ad syndication and addressing barriers to entry and expansion in search advertising.

The CMA’s choice of interventions to include in, and prioritisation ranking of, these categories seem likely to prompt debate.

First, the Category 1 interventions such as transparency for publishers and facilitating consumer switching, do not have the impact of FRAND “access” style remedies designed to directly intervene in the commercial relationships and playing field between Google and business users to promote competition between them, a fundamental objective of the regulations. Those more impactful measures, such as those found in categories 2, 3 and 4, have been deprioritised.

It may also be concerning to business users that some of those most important and impactful interventions, such as addressing barriers to entry and expansion from distribution arrangements, requiring sharing of search data with competitors and ensuring FRAND access to ad syndication, have been categorised as subject to external international events, outside the control of the CMA.

Given the scope for appeals and other international unknowns and vagaries which may undermine progress on these issues elsewhere, the CMA’s decision to take a ‘wait and see’ approach to these issues in the UK market may raise questions about the CMA’s confidence in its approach and powers – particularly as it can revoke or adjust remedies at any time should circumstances change.

The CMA has clearly signposted that the proposed designation decision is a formal consultation that it is inviting responses to until 22 July 2025, through a formal consultation page. However, the CMA appears to have somewhat downplayed that it is also consulting on the “relative order in which we have prioritised our interventions” found in the Roadmap, inviting responses, by email rather than a consultation response page, with no particular time limit for responding other than “between now and updating the roadmap in early 2026.” It is not clear why the CMA has downplayed the consultation on the prioritisation of the interventions given this is clearly a very important issue for stakeholders – one can only guess. However, one outcome of this may be a significantly increased administrative burden for the CMA which, it is presumed, was not in the plan.

If you would like to discuss the implications for your business, or explore submitting a consultation response, please don’t hesitate to get in touch.