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UK CMA Opens Competition Act Investigation Into Meta Terms That Could Let It Use Publishers' Content for Its AI Features, CMA Says

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Summary

The CMA opened a Competition Act 1998 investigation into Meta's commercial terms for businesses on October 30, 2026. Its press release says the terms could let Meta use publishers' content for its AI features. No finding has been made.

The Competition and Markets Authority (CMA) opened an investigation into Meta's commercial terms for businesses on October 30, 2026. The CMA's case page lists it as an open Competition Act 1998 case in digital markets. The CMA's press release says the terms could allow Meta to collect content from the websites of businesses and publishers and use it to develop its own products and services, including its AI features. No decision has been made on whether Meta broke the law. This post relies on the CMA's case page and press release.

What the CMA says it is investigating

The case page says the investigation concerns Meta's commercial terms for businesses using its platforms and services, under Chapter II of the Competition Act 1998. It says the CMA is concerned that requiring businesses to accept these terms may amount to the imposition of unfair trading conditions on businesses that rely on Meta's services to reach customers and audiences.

The investigation will assess two questions: whether Meta holds a dominant position in one or more relevant markets in the UK, and, if so, whether its existing commercial terms, or revisions to those terms, amount to an abuse of that position. The businesses named are Meta Platforms, Inc., Facebook UK Limited and Facebook Ireland Limited. The page says the investigation may also concern other entities in Meta's corporate group, including relevant UK subsidiaries.

Where the AI wording appears

The case page does not mention AI or publishers. The press release it links to does. The press release says the terms, "which Meta planned to revise on 20 November but has since put on hold," could allow Meta to collect content from the websites of businesses and publishers that use its services and use it to develop and provide its own products and services, "including its AI features." It adds that this could happen without those businesses getting a choice on if or how their content is used.

The press release says the CMA is acting on concerns from stakeholders including the News Media Association and Movement for an Open Web. It also says Meta had planned to introduce the changes on 30 October, delayed implementation to 20 November after engaging with the CMA, and announced a pause to the roll out on 28 October, pending a consultation with industry groups.

Reuters reported the same framing on October 30 in a short wire report, and added that Meta did not immediately respond to a request for comment.

What the CMA has said about the next steps

The case timetable lists October 2026 to January 2027 for rapid initial information gathering and engagement with Meta and third parties, and says the dates are indicative and may change. The case page says the CMA may close the investigation if it decides not to proceed. If it provisionally considers that competition law has been infringed, it may issue a statement of objections and give the parties an opportunity to respond before reaching a final decision.

Sarah Cardell, the CMA's Chief Executive, is quoted in the press release: "where a company holds a dominant position, it must not use that position to impose unfair terms."

What the documents leave open

  • No finding. Both documents say no decision has been made and that no assumption should be made that competition law has been broken.
  • Dominance is not yet assessed. Whether Meta holds a dominant position in a relevant UK market is the first question the investigation will answer.
  • The terms are not reproduced. Neither document sets out the terms or says which clauses are at issue. We did not read Meta's terms.
  • No use of content is alleged. The press release says the terms could allow collection and use of content. It does not say Meta has used any publisher's content for its AI features.
  • Interim measures. The notes to editors say the Competition Act 1998 allows the CMA to impose them. Neither document says the CMA has asked for or is considering them.
  • A separate matter. The CMA is also seeking information from Meta about its Meta One business subscription service and a concern from the Federation of Small Businesses about posting external links on Facebook and Instagram without paying a subscription fee. The press release says no decision has been taken on formal action and that this falls outside the scope of this investigation.
  • Meta's position. We did not find a statement from Meta in the documents we read.

Sources