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ARTICLE · 17 JANUARY 2023

DHC Bench Dismisses Appeals Raised By Whatsapp And Facebook Against CCI

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On August 25, 2022, the Delhi High Court (‘DHC') dismissed appeals raised by Whatsapp LLC (‘Whatsapp') and Facebook Inc. (‘Facebook') (collectively, ‘Appellants')...

IndiaAntitrust/Competition Law
AZB & Partners
AZB & Partners
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On August 25, 2022, the Delhi High Court (‘DHC') dismissed appeals raised by Whatsapp LLC (‘Whatsapp') and Facebook Inc. (‘Facebook') (collectively, ‘Appellants') challenging the jurisdiction of the CCI to direct investigation into the 2021 Terms of Service and Privacy Policy of the Whatsapp on the ground that it violates the provisions of the Competition Act.1

By way of background, Whatsapp was originally governed by its own Terms and Privacy Policy of 2012. However, after Facebook acquired Whatsapp in 2014, the policy was updated in 2016 (‘2016 Policy'). The 2016 Policy informed Whatsapp users about: (i) the acquisition; (ii) how Facebook would now use Whatsapp's information for its advertisement and products giving a one-time opportunity to Whatsapp users to opt out of Facebook using their information that was shared over Whatsapp. However, users who joined Whatsapp after the 2016 Policy, were not offered this option.  The 2016 Policy was challenged in the case

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