Overview
- An NCLAT bench led by Justice Ashok Bhushan struck down paragraph 247.1 of the CCI order that barred WhatsApp from sharing user data with Meta companies for advertising for five years, citing inadequate justification for the ban’s duration.
- The tribunal set aside the CCI’s leveraging finding under Section 4(2)(e) but affirmed abuse findings under Sections 4(2)(a)(i) and 4(2)(c) for imposing unfair, take‑it‑or‑leave‑it terms and restricting market access.
- The ₹213.14 crore penalty on Meta and WhatsApp was upheld, with the tribunal finding no infirmity in the CCI’s methodology for calculating the fine.
- Other directions remain in force, including clearer user disclosures on data categories, opt‑out mechanisms, and compliance requirements for future policy updates, with the detailed written judgment awaited.
- The tribunal affirmed that competition and data protection frameworks are complementary and recognized privacy as a non‑price dimension relevant to competition analysis.