The Supreme Court disposed of Meta and WhatsApp’s stay pleas after they agreed to comply with NCLAT directions by March 16. The Bench said the privacy policy will still be examined by CCI, with the matter listed for further hearing.
New Delhi: The Supreme Court of India on Monday resumed hearing in the high-stakes appeal filed by Meta Platforms Inc. and WhatsApp challenging the order of the Competition Commission of India (CCI) over issues relating to data sharing, privacy policy and alleged abuse of dominance.
The matter was heard by a Bench comprising Chief Justice of India and Justices Joymalya Bagchi and Vipul M Pancholi.
The appeals arise from an order passed by the National Company Law Appellate Tribunal (NCLAT), which had upheld certain directions issued by the CCI in connection with WhatsApp’s 2021 privacy policy update. The controversy relates to whether WhatsApp’s data-sharing policy with Meta amounts to violation of competition law and users’ privacy rights.
During the hearing, Senior Advocate Kapil Sibal, appearing for WhatsApp, informed the Court that an affidavit had already been filed explaining the company’s stand in detail. He stated,
“file an affidavit which we have done as a detailed.”
Sibal further clarified that the company had set out its commitments clearly and assured the Court of compliance. He submitted,
“we set it out that can be taken as our undertaking. There is no question of violation of any law.”
The Bench was also informed that there were two separate appeals against the NCLAT order. One of the issues discussed in Court concerned the CCI’s direction seeking a ban on WhatsApp advertisements for five years, which had earlier been rejected by the NCLAT. Referring to this aspect, Sibal said,
“CCI ban advertisement on whatsApp for next 5 years that was rejected by NCLAT. Thats the appeal they want ban to be imposed.”
The Chief Justice responded by pointing out procedural aspects of the appeal, observing,
“you are supposed to file appeal which you don’t want to press now..”
In response, Sibal clarified that WhatsApp no longer wished to press that particular appeal because the company had decided to comply with the directions. He stated,
“I don’t want to press the appeal because we are complying with the direction”
The Chief Justice then sought clarity on the timeline for compliance, remarking,
“when will you comply with appeal . Appeal in any case has to be decided.”
Sibal assured the Bench that compliance would be completed within a fixed time frame and said,
“proposed to comply by 16th march.”
Senior Advocate Madhavi Divan, appearing for the CCI, intervened to clarify that the compliance being referred to was specifically with respect to the NCLAT’s directions. She pointed out that it was important to record exactly what the appellants were agreeing to implement.
Sibal agreed with this clarification and stated,
“she’s absolutely right. We were wanting a stay on those directions which you don’t want. We are complying.”
After hearing both sides, the Court passed an order recording the submissions. The applications before the Court had primarily sought a stay on the NCLAT judgment dated 15 December 2025. However, in view of the statement made by the appellants that they would comply with the directions by 16 March, the Court disposed of the stay applications as not pressed, without affecting the main appeals.
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The Court directed that the appellants must file a compliance affidavit before the Competition Commission of India, as required under the NCLAT’s order.
Importantly, the Chief Justice also observed that the substantive issues concerning the privacy policy would still require examination. The Bench stated,
“The privacy policy maybe examined by CCI and response maybe placed on record. Issue notice in IA. Reply be filed. Post the matters on March 16 at 2 PM.”
Senior Advocate Madhavi Divan further submitted that the interim application filed by the CCI deserved independent consideration. The Chief Justice responded that the Court would examine the interim plea and clarified that the matter would be heard before a specified deadline.
ALSO READ: Meta Challenges Rs 213.14 Crore Penalty By CCI Over WhatsApp Privacy Policy: NCLAT
The Court indicated that it would hear the interim application and that the issue would be taken up before April 19.
The case is being closely watched as it concerns the intersection of data privacy, digital markets, competition law and regulatory oversight over major technology platforms in India. The outcome may have a significant impact on how global technology companies operate in the Indian market, particularly in relation to user data sharing and competition compliance.
Case Title:
META PLATFORMS, INC Versus COMPETITION COMMISSION OF INDIA AND ORS.,
C.A. No. 301-302/2026 XVII-B,
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