Meta and WhatsApp Challenge CCI's ₹213.14 Crore Penalty in Supreme Court Over Privacy Policy Dispute
Meta and WhatsApp have moved the Supreme Court to challenge CCI's 2024 order imposing ₹213.14 crore penalty for abuse of dominant position over WhatsApp's 2021 privacy policy. The policy required users to accept data-sharing with Meta or stop using WhatsApp, unlike earlier policies that allowed opt-outs. While NCLAT upheld the penalty and abuse findings, it removed CCI's five-year data sharing restriction and mandated consensual data sharing with opt-out options.

*this image is generated using AI for illustrative purposes only.
Meta and WhatsApp have escalated their legal battle against Indian competition regulators by approaching the Supreme Court to challenge the Competition Commission of India's 2024 order. The companies are contesting both the CCI's ruling and the subsequent National Company Law Appellate Tribunal (NCLAT) decision that largely upheld the original penalty and findings.
CCI's Original Ruling and Penalty
The Competition Commission of India imposed significant penalties and restrictions on the companies following its investigation into WhatsApp's 2021 privacy policy. The regulatory action stemmed from the platform's controversial "take it or leave it" approach to user data sharing.
| Regulatory Action: | Details |
|---|---|
| Penalty Amount: | ₹213.14 crore |
| Primary Charge: | Abuse of dominant position |
| Data Sharing Restriction: | 5-year ban for advertising purposes |
| Investigation Type: | Suo moto cognisance |
Privacy Policy Controversy
The dispute centers around fundamental changes WhatsApp made to its privacy policy in 2021. Unlike previous versions, the updated policy significantly altered user choice regarding data sharing with Meta and its group companies.
The key differences between policy versions highlight the regulatory concerns:
- 2021 Policy: Users required to accept data-sharing with Meta or discontinue WhatsApp service
- 2016 and 2019 Policies: Users could opt out of data sharing while continuing to use WhatsApp
The CCI ruled that this policy change constituted unfair conditions, abuse of market dominance, and denial of market access to users who preferred not to share their data.
NCLAT's Appellate Decision
The National Company Law Appellate Tribunal reviewed the CCI's order and delivered a mixed verdict that provided partial relief to both parties. The appellate tribunal's decision addressed several key aspects of the original ruling.
| NCLAT Decision: | Outcome |
|---|---|
| Abuse of Dominance Claims: | Upheld |
| Penalty Amount: | Upheld (₹213.14 crore) |
| Five-year Data Sharing Ban: | Set aside |
| User Consent Requirements: | Mandated with opt-out options |
The NCLAT clarified that while user data sharing could continue, it must be based on explicit user consent, and users must retain the option to opt out of such arrangements.
Current Legal Status
The Supreme Court has yet to schedule a hearing for Meta and WhatsApp's latest appeal. The companies are seeking to overturn both the substantial financial penalty and the regulatory findings that determined they had abused their dominant market position.
The case represents a significant test of India's competition law enforcement in the digital economy sector, particularly regarding how global technology platforms handle user data and privacy policies in the Indian market.
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