Warsaw Watchdog Targets Google Over Publisher Revenue Data Gaps

The Transparency Gap

Poland's competition regulator has formally accused Google of withholding essential data from news publishers during compensation negotiations, alleging the company exploited its market dominance to avoid fair remuneration for content displayed across Search, News, and Discover. The Office of Competition and Consumer Protection (UOKiK) announced on 5 October that it had opened proceedings against the tech giant, pointing to specific transparency obligations the company allegedly ignored.

At Opentechwire, we've tracked similar disputes across Europe as regulators attempt to rebalance bargaining power between platform operators and content creators. The Polish case is notable for its narrow focus: rather than challenging whether Google should pay at all, UOKiK argues the company failed to provide the traffic metrics, click-through rates, and revenue attribution data that publishers need to calculate appropriate licensing fees.

Tomasz Chróstny, president of UOKiK, stated that existing regulations clearly define what information must be disclosed during these negotiations. The alleged failure to comply, he suggested, put Polish publishers at a structural disadvantage when attempting to secure fair terms.

A Ten Per Cent Ceiling

The financial stakes are considerable. Under Polish competition law, UOKiK can impose penalties of up to 10 per cent of a company's annual turnover. Applied to Google's parent company Alphabet, which reported revenue of approximately USD 307 billion in 2024, that ceiling translates to a potential fine exceeding USD 30 billion.

Whether UOKiK would pursue anywhere near the maximum remains unclear. European competition authorities typically calibrate fines based on the severity and duration of the infringement, the harm caused, and the company's cooperation during proceedings. Still, the statutory ceiling sends a signal about the regulator's leverage.

Google has not yet issued a public response to the charges. The company has historically argued that its services drive substantial traffic to publishers and that the relationship is mutually beneficial. Yet that framing has gained less traction in Europe, where lawmakers and regulators increasingly treat algorithmic visibility as a form of market power that triggers disclosure and compensation obligations.

The Broader European Context

Poland's move follows a parallel investigation by the European Commission, which is examining whether Google offers adequate remuneration to publishers whose content appears in AI Overview and AI Mode features. That inquiry, launched earlier this year, reflects concern that generative AI tools may reduce click-through rates to publisher sites, eroding the traffic dividend that once justified unpaid content indexing.

The Commission's case differs in focus: it centres on new AI-driven surfaces rather than legacy products like Search and News. But both proceedings rest on a common premise - that dominant platforms must provide transparency when they monetise third-party content, and that asymmetries in data access can distort negotiations.

UOKiK has built a reputation for targeting what it views as self-preferencing by major platforms. In 2023, the authority accused Apple of leveraging its App Tracking Transparency framework to disadvantage third-party ad networks while preserving its own targeting capabilities. That case remains ongoing, but it established UOKiK's willingness to challenge product design choices with competition implications.

Why This Dispute Matters for Publishers

For news organisations in Poland and beyond, the UOKiK case represents a test of whether transparency mandates can shift negotiating dynamics. Under the EU's Copyright Directive, member states are required to grant publishers neighbouring rights, allowing them to demand payment when platforms display snippets or headlines. Yet enforcement has been uneven, and publishers often lack the data needed to audit platform claims about traffic or revenue impact.

If UOKiK prevails, it could set a precedent for what constitutes adequate disclosure. That might include granular breakdowns of impressions, user engagement, and advertising revenue tied to publisher content - metrics that platforms have historically treated as proprietary. Such a precedent would likely influence negotiations in other member states and potentially inform future Commission guidance.

The case also arrives as Polish publishers face mounting economic pressure. Print advertising revenue has collapsed, and digital subscriptions remain nascent outside major titles. Platform referrals are a critical traffic source, yet the terms governing that relationship have largely been dictated unilaterally. A successful enforcement action could rebalance those terms, at least at the margin.

What Happens Next

UOKiK's announcement marks the start of formal proceedings, not a final determination. Google will have an opportunity to respond to the charges, submit evidence, and contest the regulator's interpretation of its disclosure obligations. The process could take months or longer, depending on the complexity of the data requests and the company's willingness to settle.

If UOKiK concludes that an infringement occurred, it can issue a decision requiring Google to change its practices and impose a fine. Google would then have the right to appeal to Polish administrative courts, a process that could extend the timeline by years. In the meantime, the European Commission's parallel investigation may yield findings that shape the Polish case or vice versa.

For now, the dispute underscores a broader shift in how regulators view platform-publisher relationships. The question is no longer whether platforms should compensate publishers, but what data obligations come with that duty and how aggressively authorities will enforce them. Warsaw's answer appears to be: aggressively enough to put billions on the table.