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2022 Supreme(Del) 2078

SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
Whatsapp LLC – Appellant
Versus
Competition Commission of India – Respondent


Advocates appeared:
Harish Salve, Senior Advocate with Tejas Karia, Shashank Mishra, Ms Supritha Prodaturi and Shashank Mishra, Advocates, for the Appellant in LPA 163/2021 & CM APPLs. 15908/2021, 16893/2021, 18800/2021, 18910/2021, 46058/2021, 46059/2021, 46655/2021.
V.

JUDGMENT

Subramonium Prasad, J.

1. The Appellant seeks to challenge the Judgement dated 22.04.2021, passed by the learned Single Judge in W.P.(C) 4378/2021 & W.P.(C) 4407/2021 by which the learned Single Judge rejected the Writ Petition filed by the Appellants. The Appellants herein, by way of the abovementioned Writ Petition, had sought to challenge the Order dated 24.03.2021 passed by the Respondent No.1 herein directing the Director-General, CCI, to initiate investigation into the 2021 Terms of Service and Privacy Policy of the Appellant in LPA No.163/2021 on the ground that it violates the provisions of the Competition Act, 2002 (hereinafter referred to as 'the Act').

2. The facts, in brief, leading to the instant Appeals are as under:

i. Prior to 25.08.2016, WhatsApp (the Appellant in LPA 163/2021), a messaging platform, was governed by its Terms of Service and Privacy Policy of July 2012. In the year 2014, WhatsApp was acquired by Facebook (the Appellant in LPA 164/2021). Facebook Inc. is now known as "Meta Platforms", however, for ease of comprehension, this Court shall refer to the Appellant in LPA 164/2021 by its former nomenclature.

ii. On 25.08.2016, the Terms and Service

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