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CCI apprises Delhi High Court of its reserved order on WhatsApp
The anti-trust regulator had ordered a thorough investigation to ascertain the extent, and impact of data-sharing through involuntary consent of users
He argued that the CCI may proceed with the investigation, as it was not barred in terms of jurisdiction. However, the authority must await the findings of the Supreme Court.
While appearing for Meta, senior advocate Mukul Rohatgi submitted that mere ownership (Meta's ownership of WhatsApp) could not be a reason for CCI to involve it in its investigation.
He argued that there was no prima facie material with the CCI to start an investigation on the basis that Facebook had abused its dominant position.
The CCI bench comprising Ashok Kumar Gupta (Chairperson), Sangeeta Verma (Member), and Bhagwant Singh Bishnoi (Member), observed, "A thorough and detailed investigation is required to ascertain the full extent, scope and impact of data sharing through involuntary consent of users."
The Commission directed the Director-General to cause an investigation to be made into the matter under the provisions of Section 26(1) of the Competition Act. It also ordered the completion of the investigation and submission of the report within 60 days.