Overview
- Presenting arguments in the ongoing appeal, the CCI said WhatsApp’s 2021 terms created a take‑it‑or‑leave‑it choice that eliminated an opt‑out from cross‑service data sharing.
- The CCI contended Meta’s integration of WhatsApp with Facebook and Instagram delivers unmatched reach and network effects that make switching difficult for users.
- Regulators argued that WhatsApp‑to‑Meta data is monetised across the ecosystem and asserted Meta pursues early acquisitions of potential disruptors to block emerging competition.
- WhatsApp and Meta countered that the CCI exceeded its competition mandate by venturing into privacy issues and lacked empirical evidence such as user surveys or rival usage data.
- The NCLAT is hearing the challenge to the CCI’s Rs 213.14 crore penalty; a prior interim order stayed the five‑year ad‑related data‑sharing ban and directed a 50% deposit of the fine, with no final ruling yet.