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ARTICLE · 11 NOVEMBER 2025

Meta's Challenges To The CCI Decision On Privacy: NCLAT Retains Penalty, Eases Data Sharing Restrictions

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By its final judgment issued on 4 November 2025 (Judgment), the National Company Law Appellate Tribunal (NCLAT) has partially set aside the Competition Commission of India's (CCI) order dated 18 November 2024 (CCI Order) against Meta Platforms, Inc. (Meta) and WhatsApp LLC (WhatsApp).

IndiaPrivacy
Anisha Chand
Anisha Chand
Pranjal Prateek
Pranjal Prateek
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Introduction

By its final judgment issued on 4 November 2025 (Judgment), the National Company Law Appellate Tribunal (NCLAT) has partially set aside the Competition Commission of India's (CCI) order dated 18 November 2024 (CCI Order) against Meta Platforms, Inc. (Meta) and WhatsApp LLC (WhatsApp). The NCLAT affirmed the CCI's findings on Meta's dominance in the market for over-the-top (OTT) messaging apps through smartphones in India (Market 1). Pertinently, whilst upholding the monetary penalty imposed by the CCI (INR 213.14 crore / USD ~24.07 million), the NCLAT set aside a key direction on data-sharing between WhatsApp and Meta-entities.

Facts

The CCI found that Meta abused its dominant position in Market 1 via WhatsApp's 2021 privacy policy update (Update), which mandated its users to acquiesce to data-sharing between WhatsApp and Meta as a precondition to using WhatsApp, thereby restricting user choice and enabling Meta to leverage its dominance

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