Prachi Kohli and WhatsApp Llc
Case brief
What is this about?
The Competition Commission found Meta dominant in India's OTT messaging market. It held WhatsApp's 2021 mandatory policy update forcing data sharing with Meta as abuse under Section 4. The Commission directed an end to cross-platform data sharing for ads for five years and imposed a penalty of Rs. 213.14 crore on Meta.
What did the court decide?
Cease and desist from cross-platform data sharing for 5 years, provide opt-out mechanism for data sharing, change policy within 3 months, pay penalty of Rs. 213.14 crore.
What the court decided
Public Version
COMPETITION COMMISSION OF INDIA
Suo Motu Case No. 01 of 2021
In Re: Updated Terms of Service and Privacy Policy for WhatsApp users
Against: WhatsApp LLC Opposite Party No. 1 Meta Platforms, Inc. Opposite Party No. 2 WITH Case No. 05 of 2021 In re: Prachi Kohli Informant Against: WhatsApp LLC Opposite Party WITH Case No. 30 of 2021 In re : Internet Freedom Foundation Informant
Against: WhatsApp LLC Opposite Party No. 1 Meta Platforms, Inc. Opposite Party No. 2 Present For WhatsApp LLC : Mr. Arun Kathpalia, Senior Advocate with Mr. (WhatsApp) Yaman Verma, Ms. Aisha Khan, Mr. Aniket Ghosh, Ms. Parinita Kare, Ms. Bani Brar, Ms. Tahira Kathpalia and Ms. Supritha Prodaturi, Advocates For Meta Platforms, Inc. (Meta) : Mr. RajShekhar Rao, Senior Advocate with Mr. Naval Chopra, Ms. Krithika Ramesh, Ms. Meherunnisa A. Jaitley, Mr. Rajarshi Roy, Ms. Nitika Dwivedi, Ms. Bani Brar and Ms. Supritha
SM Case No. 01 of 2021 and Case Nos. 05 of 2021 & 30 of 2021 1
Public Version
Prodaturi, Advocates, along with Ms. Ruth Chen and Mr. Rahul Satyan, Representatives of Meta.
Issues for consideration
3 issues framed by the court
Whether WhatsApp's mandatory 2021 privacy policy update forcing users to accept data sharing with Meta constitutes an imposition of unfair conditions under Section 4(2)(a)(i) of the Competition Act.
Whether sharing of user data creates entry barriers resulting in denial of market access to rivals in the online display advertising market under Section 4(2)(c) of the Act.
Whether Meta leveraged its dominance in the OTT messaging market to protect its position in the online display advertising market under Section 4(2)(e) of the Act.
Parties & counsel
- respondent
WhatsApp LLC
- respondent
Meta Platforms, Inc.
Coram
Ravneet Kaur
Case details
As recorded by the court registry
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