Unpacking CCI's Anti-Trust Order Against Whatsapp And Meta

Pursuant to a suo motu investigation initiated by the Competition Commission of India ("CCI") into WhatsApp's 2021 Privacy Policy update ("2021 Privacy Policy"), the CCI on November 18, 2024, passed its final order under Section 27 of the Competition Act, 2002 ("Competition Act") whereby it imposed a penalty of INR 213.14 crore (USD 25.4 million) upon Meta Platforms, Inc. ("Meta") for violation of provisions of Section 4 of the Competition Act by WhatsApp LLC ("WhatsApp") and Meta in the relevant market(s) defined by the CCI. In addition to penalty, CCI also passed a cease-and-desist order along with certain remedies to be observed by WhatsApp and Meta on an on-going basis. Just days before the CCI passed its Order imposing the penalty, the European Commission also fined Meta EUR 797.72 million (USD 844 million) for breach of antitrust rules by tying its online classified ads service Facebook Marketplace to its personal social network Facebook and imposing unfair