European Commission launches antitrust probe into Meta's WhatsApp AI policy

The European Commission (EC) has opened a formal antitrust investigation to assess whether Meta's new policy on AI providers' access to WhatsApp breaches EU competition rules, specifically those prohibiting the abuse of a dominant position.

The core concern is that Meta is using its dominant position in the messaging market to favor its own AI service, Meta AI, by restricting competitors from reaching customers through the WhatsApp Business Solution.

The Policy Under Scrutiny

Meta's new policy, announced in October 2025, restricts the use of the WhatsApp Business Solution (the tool allowing businesses to communicate with customers via WhatsApp) when AI is the primary service offered.

Prohibited Use: Third-party AI providers whose core offering is AI (e.g., conversational AI assistants for tasks like content generation or complex Q&A) are blocked. This has already led to major AI providers like OpenAI's ChatGPT and Microsoft's Copilot announcing their departure from WhatsApp by the January 15, 2026, deadline.

Permitted Use: Businesses may still use AI tools for ancillary or support functions, such as automated customer support.

Advantage for Meta: Meta's own internal service, Meta AI, would remain accessible to users on the platform, potentially boxing out competitors and leaving Meta AI as the sole chatbot option.

The formal investigation is examining whether Meta's practices constitute an abuse of dominant position, which is prohibited under:

Article 102 of the Treaty on the Functioning of the European Union (TFEU).

Article 54 of the European Economic Area (EEA) Agreement.

Holding a dominant position is not illegal, but dominant companies have a "special responsibility" to ensure their conduct does not distort competition, especially by excluding rivals. If found guilty, Meta could face fines of up to 10% of its annual global revenue.

Scope and Timeline

Geographic Scope: The investigation covers the entire European Economic Area (EEA), except for Italy. This exclusion is necessary to avoid overlapping with ongoing proceedings by the Italian Competition Authority regarding similar conduct by Meta.

Timeline: There is no fixed legal deadline for bringing an antitrust investigation to an end, as the duration depends on the case's complexity and the cooperation of the companies involved. The Commission plans to carry out its in-depth investigation as a matter of priority.