CCI Tells NCLAT WhatsApp Abused Dominant Position by Imposing Privacy Policy on 'Take It or Leave It' Basis

The Competition Commission of India (CCI) told the National Company Law Appellate Tribunal (NCLAT) that WhatsApp misused its market dominance by imposing its 2021 privacy policy in a “take it or leave it” manner.

It argued that users had no real choice and were compelled to share their data with Facebook (Meta). The CCI added that privacy is an integral part of competition law, not just data protection.

By leveraging its dominant position, WhatsApp allegedly forced users into accepting terms that undermined their autonomy, thereby violating competition rules.

The CCI imposed a ₹213.14 crore penalty on Meta, finding that the 2021 privacy policy update imposed unfair conditions and forced data sharing; that order was later stayed by NCLAT.

[Meta INC, WhatsApp v. CCI]