![]() ![]() The Commission concluded that WhatsApp is dominant in the relevant market for OTT messaging apps through smart phones in India. WhatsApp in India operates in the ‘market for Over-The-Top (OTT) messaging apps through smart phones in India. The Commission had an affair to look at the relevant market within the context of business practices of WhatsApp and Facebook in Harshita Chawla case wherein an Information was filed before the Commission alleging inter alia infringement of the provisions of Section 4 of the Act against WhatsApp and Facebook for abusing their dominant position in initiation of their payment app services. 2021 Update focuses to provide greater transparency by further explaining the usage, collection and sharing of data which users had consented to under the 2016 Update. In light of its averments, WhatsApp has submitted that the 2021 Update raises no concerns from a contest perspective. 07 of 2020 to contend that issues associated with data localization and data sharing needn’t be looked in under the Competition law. 15 of 2020 (‘Harshita Chawla case’) also as XYZ v. WhatsApp has also relied on the choices of the Commission in Harshita Chawla v. Bharti Airtel Limited and others, (2019) 2 SCC 521, and stated that the said decision highlights the need to maintain civility between decisions of different authorities on the same issues reported that the Commission should only exercise jurisdiction after the proceedings before the sectoral regulator had concluded and attained the climax. WhatsApp has cited the decision of the Hon’ble Supreme Court in Competition Commission of India v. In this regard, the Commission notes that the reference to the provisions of Section 35 of the Act by WhatsApp is meticulously gone astray. WhatsApp did not suit the directions of the Commission but has also taken the pleas which are ex facie untenable. As far as WhatsApp cares, it filed public version of its response dated vide its submission dated. Facebook humbly submits that it should not be arrayed as a party to these proceedings and WhatsApp is the appropriate entity to provide the Hon’ble Commission with the information sought. It is WhatsApp (not Facebook) that gives and operates WhatsApp instant messaging service that’s the topic of the Hon’ble Commission’s Order. ![]() Facebook has submitted that Facebook Inc is the parent company of WhatsApp, Facebook and WhatsApp are distinct legal entities. The Competition Commission of India, in its meeting on, decided to take suo motto cognisance of the matter. Thus, the notification shows that in order to use the services of Whatsapp, from onwards, users will have to compulsorily accept the new terms and policy in their entirely. It was lay to rest alia reported that the new policy makes it binding for the users to simply accept the terms and conditions so as to maintain their WhatsApp account information and provides as to how it will share personalised user information with Facebook Inc and its subsidiaries. Whatsapp Inc has updated its privacy policy and terms of service for WhatsApp users. Later Facebook and Whatsapp have separately filed a petition in Delhi high court to dismiss CCI order that called for an investigation into the new privacy policy update by Whatsapp. CCI is of the opinion that the update could lead to excessive data collection and will amount to stalking of its users. ![]() Instant messaging Whatsapp’s controversial policy update has led CCI to question its anti-competitive behaviour. It was reported that the new policy makes it binding for the users to simply accept the terms and conditions so as to maintain their WhatsApp account information and provides as to how it will share personalised user information with Facebook Inc and its subsidiaries. ![]()
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