Meta Platforms and WhatsApp have approached the Supreme Court challenging the NCLAT verdict that upheld the CCI’s Rs 213.14 crore penalty over WhatsApp’s 2021 privacy policy. The case involves allegations of abuse of dominance and forced user consent for data sharing with Meta group companies.
Meta Platforms Inc and WhatsApp have moved the Supreme Court of India challenging the judgment passed by the National Company Law Appellate Tribunal (NCLAT), which upheld the penalty of ₹213.14 crore imposed on them by the Competition Commission of India (CCI) over WhatsApp’s 2021 privacy policy update.
With this appeal, the entire NCLAT ruling in the WhatsApp–CCI case has now come under examination by the apex court. The challenge includes the tribunal’s findings on abuse of dominant position and the issue of sharing user data with other companies under the Meta group.
ALSO READ: Meta Challenges Rs 213.14 Crore Penalty By CCI Over WhatsApp Privacy Policy: NCLAT
In November 2024, the Competition Commission of India held that WhatsApp’s 2021 privacy policy update violated the Competition Act, 2002. The CCI concluded that WhatsApp had abused its dominant position in the market by forcing users to accept the updated policy in order to continue using the application.
According to the regulator, the policy followed a “take-it-or-leave-it” approach, which left users with no real choice but to agree to expanded data sharing with other Meta-owned platforms if they wanted to keep using WhatsApp.
The CCI found that this conduct was unfair and anti-competitive. As a result, it imposed a penalty of ₹213.14 crore on Meta Platforms Inc and also issued several corrective directions. These directions barred WhatsApp from making data sharing with Meta group companies compulsory for accessing its services in India.
The regulator also ordered WhatsApp to provide clear opt-in and opt-out options to users and to make detailed disclosures explaining what data is shared, with whom it is shared, and for what purpose.
Aggrieved by the CCI’s order, both Meta Platforms and WhatsApp approached the National Company Law Appellate Tribunal to challenge the findings as well as the penalty and remedial measures imposed on them.
In January 2025, the NCLAT granted interim relief to WhatsApp by staying the monetary penalty of Rs 213.14 crore. The tribunal also stayed the CCI’s direction that imposed a five-year ban on data sharing between WhatsApp and other Meta entities.
ALSO READ: Bombay HC Cracks Down on Govt Charity Commissioner’s Defunct WebsiteAmid Blame Game
While granting this relief, the NCLAT observed that such a long-term ban could severely affect WhatsApp’s business model, especially since the messaging service is provided to users free of cost.
After hearing the matter in detail, the NCLAT delivered its final judgment in November 2025. In this judgment, the appellate tribunal partly ruled in favour of WhatsApp.
It set aside the CCI’s finding that Meta had used WhatsApp’s dominance in the over-the-top (OTT) messaging market to safeguard its position in the online display advertising market.
However, despite granting this relief, the tribunal upheld the penalty of ₹213.14 crore imposed by the competition watchdog.
Following the judgment, the Competition Commission of India filed a clarification application before the NCLAT. Acting on this application, the tribunal restored the user-choice safeguards that had been directed by the CCI.
The NCLAT also granted WhatsApp a period of three months to comply with these remedial directions, which were aimed at protecting user consent and transparency in data sharing practices.
Dissatisfied with the outcome, Meta Platforms Inc and WhatsApp have now approached the Supreme Court, challenging the NCLAT’s decision to uphold the penalty and enforce the remedial measures.
The appeal seeks a fresh examination of the competition regulator’s findings and the appellate tribunal’s conclusions.
The appeal before the Supreme Court has been filed through Shardul Amarchand Mangaldas & Co.
Click Here to Read More Reports On WhatsApp Privacy Policy
