Overview
- The appellate tribunal set aside the CCI directive that barred WhatsApp from sharing user data with Meta companies for advertising for five years.
- It upheld the ₹213.14 crore fine and confirmed findings that WhatsApp’s 2021 update imposed exploitative, take-it-or-leave-it terms in breach of Sections 4(2)(a)(i) and 4(2)(c).
- The tribunal struck down the CCI’s leveraging charge under Section 4(2)(e), rejecting the claim that dominance in messaging was used to extend power in online display advertising.
- NCLAT recognized WhatsApp’s dominance in OTT messaging and noted Meta’s close integration with WhatsApp, supporting combined liability even as Meta was not found dominant in display ads.
- Other behavioral directions largely stand, including transparency and user controls, and the written judgment is awaited with potential appeals to the Supreme Court possible within statutory timelines.