NCLAT sets aside CCI ban on WhatsApp sharing of user data with Meta, upheld ₹213.14cr penalty

New Delhi: In a partial relief to WhatsApp, the appellate tribunal NCLAT on Tuesday set aside a section of a Competition Commission of India (CCI) order that had banned the instant messaging app from sharing data with Meta Platforms for advertising purposes for five years, but retained a ₹213-crore penalty on the social media platform.

Modifying the order passed by the CCI on November 18, 2024, the NCLAT set aside directions in para 247.1 of the 158-page-long order. However, the two-member bench upheld the breach of Section 4(2)(a)(i) and 4(2)(c) as “WhatsApp’s 2021 policy constituted abuse of dominance by WhatsApp” and created a situation of market denial.