Written by 
The Competition Commission of India (CCI) has imposed a landmark penalty of ₹213.14 crore (approximately $25.25 million) on Meta for exploiting its dominant position through WhatsApp’s 2021 Privacy Policy update. IFF submitted expert information as an informant before the CCI. This ruling is a significant step in holding Big Tech accountable for its impact on user privacy and competition in India.
We welcome the CCI’s historic ruling, which imposes a penalty on Meta for abusing its market dominance through WhatsApp’s 2021 Privacy Policy update. The policy update, which compelled users to accept expanded data collection and sharing within the Meta group on a ‘take-it-or-leave-it’ basis, violated user autonomy by offering no opt-out option. The ruling reinforces the need for greater accountability from tech giants, ensuring that users’ rights are protected, and the principles of fair competition are upheld in digital markets.
The CCI found that Meta’s actions violated Indian competition law under Section 4(2)(a)(i) by imposing unfair conditions and abusing its dominant position in the market. Importantly, This is possibly the first time outside the EU that a competition regulator has fined Meta for changing WhatsApp’s privacy policy and exploiting its dominant position violating user rights. The decision highlights the growing recognition of privacy as a key issue in competition law.
By holding Meta accountable, the CCI has set a landmark precedent for the protection of privacy and fair competition. This is a critical step in ensuring that tech giants cannot exploit their market power at the expense of users’ fundamental rights.
This victory is the result of years of sustained advocacy, beginning in 2021. It underscores the essential role of persistence in defending users’ fundamental rights and the collective responsibility required to challenge the unchecked power of Big Tech. While this is a significant step forward, our commitment to advancing digital rights remains steadfast. This is a long-term effort, and we are firmly committed to seeing it through to positive, tangible outcomes.
This was our first matter before the Competition Commission of India. We were represented by the legal team at Sarvada Legal, and we extend our sincere gratitude to Advocates Abir Roy, Vivek Pandey, Sasthibrata Panda, Shreya Kapoor & Biyanka Bhatia for their dedicated efforts and professional guidance. They were assisted by IFF’s in-house legal team including Advocates Apar Gupta, Anandita Mishra, Krishnesh Bapat, Gayatri Malhotra, Freedom Innovation Fellows Medha Garg and Rubayya Tasneem.
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Update: The detailed judgement was published subsequently to our statement. We are studying the order and will provide detailed analysis shortly.