EU Launches Investigation Into Meta's New AI Policy For WhatsApp

The European Commission has initiated an official antitrust investigation into Meta following its recent policy changes that permit the companys own AI chatbot to operate on WhatsApp while preventing competitors from doing the same. The probe focuses on whether Meta has breached competition laws by reserving AI chatbot functionality exclusively for itself.

The investigation concerns updates to WhatsApp's business terms introduced in late October, which forbid third-party AI providers from offering chatbots via the platform if AI constitutes their main service.

Under the revised WhatsApp Business Solution Terms, third-party AI companies are explicitly banned from using the business API if AI features represent the primary service offered. Existing AI providers on the platform must comply with these rules by January 15, 2026, while new AI providers have already been barred since October 15. However, businesses can still employ AI for backend functions, such as automated customer support responses.

According to the European Commission, the policy may prevent third-party AI providers from delivering their services through WhatsApp in the European Economic Area.

Legal experts note that under EU antitrust regulations, it is not necessary to prove Meta intended to exclude competitors; the Commission only needs to show that the policy could have exclusionary effects. If confirmed, this could constitute a violation of Article 102 of the Treaty on the Functioning of the European Union and Article 54 of the EEA Agreement, which prohibit the abuse of a dominant market position. Such violations include restricting market access to the detriment of consumers or imposing unequal conditions that disadvantage rivals.

The central issue in the investigation is whether Meta's policy significantly limits competitors ability to offer AI-driven services. If so, the Commission could rule this as an abuse of dominance, even if Meta cites reasons such as security, safety, or integration considerations.

Italy is excluded from this investigation, as its national competition authority is already examining similar practices by Meta. The European Commission emphasized that the opening of formal proceedings does not prejudge the outcome but that the case will be given priority.

Author: Natalie Monroe