EU launches investigation into Meta for restricting access to WhatsApp for AI providers

Brussels – The suspicion that Meta may have restricted the market to other operators by preventing services via the instant messaging platform WhatsApp: on this basis, the European Commission has opened an investigation into a possible infringement of competition rules against the parent company of Facebook and Instagram. 

Specifically, the EU antitrust regulator says the new Meta policy on artificial intelligence providers’ access to WhatsApp has come under scrutiny. Announced in October this year, the new policy prohibits artificial intelligence providers from using “WhatsApp Business Solution”, a tool that allows companies to communicate with customers via the messaging app. However, companies remain free to use artificial intelligence tools for ancillary or support functions, such as automated customer support offered via WhatsApp. For Brussels, this restriction impedes the provision of services and thus constitutes a violation of one of the
four freedoms of circulation. 

The investigation, says the European Commission, will cover the European Economic Area, except Italy. This is to avoid overlapping with the ongoing proceedings before the Italian Competition Authority (AGCM) regarding the possible imposition of precautionary measures in relation to Meta’s conduct. 

“Artificial intelligence markets are booming in Europe and beyond, and this is why “we must ensure that European citizens and businesses can fully benefit from this technological revolution,” emphasised Teresa Ribera, Executive Vice-President for Clean and Competitive Transition. As the European Commission, we must “act to prevent large dominant digital operators from abusing their power to squeeze out innovative competitors.” This is precisely why, she adds, “we are assessing whether Meta’s new policy may be illegal under competition rules and whether we should act quickly to prevent any possible irreparable harm to competition in the artificial intelligence sector.”