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European Commission Opens Antitrust Investigation into Meta’s New Policy Regarding AI Providers’ Access to WhatsApp

European Commission (“Commission”) has announced the opening of a formal antitrust investigation to assess whether Meta’s new policy on artificial intelligence (“AI”) providers' access to WhatsApp breaches EU competition rules on its official website on 3 December 2025.

According to the announcement regarding the Investigation:

  • Scope of the Investigation: The Commission is investigating whether Meta’s new policy, which restricts AI providers from using the 'WhatsApp Business Solution' when AI is the primary service offered, constitutes an abuse of a dominant position. This policy reportedly prevents third-party AI providers from offering services through WhatsApp in the European Economic Area (“EEA”) while Meta’s own AI service remains accessible.
  • Meta's New Policy: Announced in October 2025, the policy prohibits AI providers from utilizing the WhatsApp Business API if AI is their core service. While businesses can still use AI for ancillary functions like customer support, the core provision of AI services by third parties is restricted.
  • Implementation Timeline: The policy is implemented through updates to the “WhatsApp Business Application Programming Interface terms”. For AI providers already on WhatsApp, the update applies from 15 January 2026, whereas for new providers, it has been applicable since 15 October 2025.
  • Geographical Scope: The formal investigation covers the EEA, with the exception of Italy, to avoid overlap with ongoing proceedings by the Italian Competition Authority regarding similar conduct.
  • Legal Basis: The practices under investigation, if proven, may breach Article 102 of the Treaty on the Functioning of the European Union and Article 54 of the EEA Agreement, which prohibit the abuse of a dominant position.
  • Context: This investigation is part of the Commission's broader monitoring of AI markets to ensure competitive fairness and prevent digital incumbents from crowding out innovative competitors.

You can access the full text of the announcement here.

Kind regards,

Zumbul Attorneys-at-Law

info@zumbul.av.tr

 

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