JUDGMENT

(Hybrid Mode)

[Per: Arun Baroka, Member (Technical)]

These two Appeals have been filed against order dated 18 November 2024 passed by the Competition Commission of India under Section 27 of the Competition Act, 2002. The Competition Appeal No. 1 of 2025 has been filed by WhatsApp LLC and Competition Appeal No. 2 of 2025 has been filed by Meta Platforms, Inc.

Introduction of Appeal

2. The Competition Commission of India, in its Order dated 18 November 2024, found that WhatsApp (Meta) abused dominance by using a 2021 privacy policy to impose unfair conditions on users leverage dominance in OTT messaging Apps through smartphones in India to strengthen Meta’s position in online display advertising and imposed a ₹213.14 crore penalty and remedy of a 5-year restriction on sharing WhatsApp user data with other Meta companies for advertising. The impugned order has found the Appellants to have violated the provisions of the Competition Act, 2002 ('Act') through imposition of WhatsApp privacy policy of 2021 ('2021 Policy').

3. The Impugned Order arises out of the Commission’s suo motu investigation into WhatsApp LLC’s (WhatsApp) January 2021 update to its Terms of Service and Privacy Pol