Overview

• Meta told the NCLAT the CCI failed to identify any conduct that denied rivals market access and defined the market too narrowly as online display advertising without consulting advertisers.
• Counsel argued the case relies on speculative future scenarios and that limited data sharing from optional features like Click-to-WhatsApp Ads was not shown to harm competition.
• WhatsApp contended the regulator overstepped its mandate by addressing data privacy issues, maintained the 2021 update did not change end-to-end encryption, and said its policy was consistent with 2016 terms.
• Meta characterized the five-year ban on sharing WhatsApp data with other Meta entities for advertising as arbitrary and unexplained, citing the tribunal’s earlier observation that such a ban could undermine WhatsApp’s free-service model.
• With Meta and WhatsApp’s submissions complete, the CCI is scheduled to present its side next, with the latest listings indicating hearings on Sept. 19 and 22, while the interim stay on the five-year ban remains in place alongside a 50% deposit requirement on the ₹213.14 crore penalty.