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.

Meta Faces Antitrust Investigation: A Closer Look at the Implications

The European Commission's recent move to investigate Meta for potentially breaching antitrust laws marks a significant development in the ongoing scrutiny of tech giants’ market practices. The core issue centers on whether Meta's policy changes for WhatsApp, which now prioritize its own AI chatbot over third-party services, could unfairly limit competition. While Meta has cited security and integration reasons for these changes, the Commission’s investigation is focused on whether these updates serve to exclude competitors, an action that could constitute an abuse of market dominance under EU competition law.

At the heart of this investigation is the question of market access. Meta's revised WhatsApp Business Terms, which restrict third-party AI providers from offering their services if AI is their primary function, raise concerns about potential exclusionary practices. Legal experts argue that Meta’s dominant position in the messaging app market could allow it to control access to essential services, making it harder for smaller competitors to thrive. The Commission does not need to prove Meta’s intent to exclude rivals, only that the policy itself has the potential to do so.

The outcome of this investigation could have far-reaching consequences for Meta and other tech companies operating within the EU. A ruling against Meta could lead to stricter regulations on how dominant platforms can manage third-party services, particularly in the fast-evolving AI sector. While the investigation is still in its early stages, the focus on fairness in the digital marketplace will likely intensify as more details emerge.

Sources:

• EU Opens Antitrust Probe Into Meta's New AI Policy For WhatsApp