EU Launches Antitrust Investigation into Meta's WhatsApp AI Policy
The European Commission has initiated formal antitrust proceedings against Meta concerning its updated WhatsApp Business Solution Terms. These terms prohibit third-party AI providers from distributing chatbots on WhatsApp if AI is the primary service offered by the provider, while allowing Meta's own Meta AI to continue operating on the platform. This policy potentially restricts competitors from accessing customers via WhatsApp.
The investigation spans the European Economic Area (EEA), excluding Italy where the local competition authority is conducting separate proceedings against Meta.
The probe will evaluate whether Meta's updated policy breaches EU competition regulations that forbid abuse of a dominant market position under Article 102 of the Treaty on the Functioning of the European Union (TFEU) and equivalent EEA provisions under Article 54. The Commission's focus is to determine if the policy leads to exclusionary effects or significantly harms competitors' ability to compete in AI-enabled services, regardless of Meta's claimed justifications related to security or integration.
Meta rolled out the updated terms in late October 2023. The restrictions have been in effect for new AI providers since October 15, 2023, and will apply to existing AI providers starting January 15, 2026. Despite these restrictions on chatbot distribution, businesses are still permitted to use AI for backend support functions on WhatsApp, like automated customer service.
The Commission's decision to open formal proceedings does not imply any prejudgment of the case's outcome and will be given priority during the investigation process.
