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ARTICLE · 24 FEBRUARY 2026

Data Privacy Qua WhatsApp Policy Of 2021: A Critical Analysis Under Indian Competition Law

Corporate Professionals - Advisors & Advocates
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This article examines the Competition Commission of India's intervention in WhatsApp's 2021 Privacy Policy under the Competition Act, 2002. It argues that data has become both a parameter of market power and a mechanism of exploitative and exclusionary abuse.

IndiaPrivacy
G. R. Bhatia
G. R. Bhatia
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Abstract

This article examines the Competition Commission of India's ("CCI") intervention in WhatsApp's 2021 Privacy Policy1 under the Competition Act, 2002 ("Act"). It argues that data has become both a parameter of market power and a mechanism of exploitative and exclusionary abuse. By integrating competition law and privacy jurisprudence, the article highlights how the CCI's approach reflects a shift towards recognizing privacy as a non-price factor in consumer welfare. Drawing on comparative insights from the Court of Justice of the European Union's ("CJEU") ruling in Meta v. Bundeskartellamt 2 and legislative frameworks such as the European Union Digital Markets Act and India's Draft Digital Competition Bill, the article situates the case within a broader global movement to regulate digital platforms.

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