October 2025
Consumer, Competition and Sustainability
Commission fines Google €2.95 billion over abusive practices in online advertising technology
On 5 September 2025, the European Commission announced that it has fined Google €2.95 billion for breaching EU antitrust rules for abusing its dominant position in the advertising technology market. Google was found to have illegally favoured its own ad exchange (AdX) over competitors by giving it advance information about rival bids and directing its ad buying tools to primarily use AdX.
The Commission ordered Google to end self-preferencing and to eliminate conflicts of interest across the adtech supply chain. Google has 60 days to submit proposed measures.
The Commission signalled that divestment may be required and it may impose remedies after assessing Google’s proposal, but first it will hear and assess Google's proposal. The fine reflects infringement gravity and duration, AdX EEA turnover, and Google’s recidivism under the 2006 fining guidelines.
Businesses using Google’s adtech should anticipate changes to auction mechanics, access to non-Google exchanges, and potential structural separation. Competitors and customers may pursue damages in Member State courts, with the decision constituting binding proof of illegality under Regulation 1/2003 and the Antitrust Damages Directive.
Find out more about the fine against Google by the Commission from Louise Popple here.
CMA guidance on information gathering to enforce consumer law
On 28 August 2025, the Competition and Markets Authority ('CMA') issued updated guidance on how it uses its investigatory powers when suspecting breaches of consumer law. The guidance explains that the CMA may request information before or after opening a case, or without opening a case.
The guidance summarises Chapter 7 of CMA58 on powers of investigation and applies to businesses under investigation and third parties such as suppliers. It signals continued use of direct enforcement powers and broad timing discretion.
Businesses should ensure readiness to respond to information requests, preserve relevant records and review compliance protocols.
Read about the new powers of the CMA here.
Government issues updated guidance on the Price Marking Order 2004 for April 2026 changes
On 22 September 2025, the government issued guidance to reflect amendments made to the Price Marking Order 2004 ('PMO') by the Price Marking (Amendment) Orders 2024 (SI 2024/1055) and 2025 (SI 2025/592).
The PMO applies to B2C online sales of goods, and requires that the selling price is transparently displayed, and where appropriate, the unit price is also transparently displayed, so consumers can make like for like comparisons.
The guidance:
- Clarifies key definitions such as 'selling price' and 'unit price';
- Provides examples of when the obligations arise;
- Includes suggestions on how pricing information is presented;
- Explains rules on general reductions; and
- Highlights that enforcement may be both criminal and civil, including by the Competition and Markets Authority and under the Digital Markets, Competition and Consumers Act 2024.
The amendments take effect on 6 April 2026.
See this update from Louise Popple on he price marking provisions coming into force next year.
