With the kind permission of IFRRO to reproduce this article. luxorr is a member of IFRRO.

A major decision by the Spanish competition authority

Following an action initiated by IFRRO member CEDRO, the Spanish National Commission for Markets and Competition (CNMC) has closed the proceedings it had opened against Google for possible abuse of a dominant position. This decision follows Google’s acceptance of commitments to improve transparency, remuneration and negotiation conditions for the use of journalistic content in Spain.

New obligations for Google and enhanced rights for publishers

As indicated in the CEDRO article, these measures apply to Google Search, Google News, Google Discover and Google News Showcase. They will be supervised by the CNMC for a period of five years, with the possibility of extension. Google will be required to provide clear information on how remuneration is calculated, to explain the methodology and parameters applied, and to take into account relevant advertising revenues linked to the services on which press content is used. A structured negotiation framework will also be put in place, with clear rules, precise deadlines and dispute resolution mechanisms in line with Spanish legislation, as well as an annual review of financial offers.

Publishers will also be able to claim retroactive remuneration from the entry into force of Article 129 bis of the Spanish Intellectual Property Act, thereby strengthening the traceability and control of financial flows linked to journalistic content. CEDRO emphasizes that this result highlights the value of collective management as an essential instrument for strengthening intellectual property rights and guaranteeing a fair and transparent framework for press publishers.

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