WHATSAPP DOMINATING IN COMPETITION COMMISSION OF INDIA?

On 24th January 2021 a Suo Moto cognizance was taken by the CCI, passing the order. The order directed an investigation against WhatsApp LLC. & Facebook Inc. upon the allegation of abuse of its power of dominance in the market given in the competition Act 2002 (hereon, ‘The Act’). The said infringement is alleged to be done in its new update of 2021. This action of CCI is fairly another advancement on the past demonstrations of the regulatory body as was seen in the case of Vinod Kumar Gupta vs WhatsApp Inc. In this case CCI refused to intervene by stating the matter of privacy was outside of the regulatory body’s jurisdiction as it falls under the purview of the legislation of information technology. This perspective of CCI changed soon after the market study of telecom sector. The study came on 22nd January 2021 after which the CCI expressed stated Privacy will also be included in competition law under non- price competition. Before long this affirmation a Suo Moto action was taken against the WhatsApp giant. The shift from the perspective on Vinod Kumar case to this Suo Moto action was given in the following