The National Company Law Appellate Tribunal's (NCLAT) recent decision concerning Meta Platforms and WhatsApp represents a significant improvement in the regulatory treatment of data-driven business models...
The National Company Law Appellate Tribunal's (NCLAT) recent
decision concerning Meta Platforms and WhatsApp represents a
significant improvement in the regulatory treatment of data-driven
business models.1 The Tribunal upheld the Competition
Commission of India's (CCI) monetary penalty for coercive
implementation of WhatsApp's privacy policy in 2021, but
removed the CCI's five-year ban on information sharing between
WhatsApp and Meta entities. This decision redefines the permissible
scope of competition remedies in India's digital economy and
clarifies the limits of the CCI's jurisdiction on matters
related to data protection.
The purpose of this article is to explore the reasoning of the
Tribunal, analyze its legal and regulatory implications, and offer
forward-looking considerations.
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