Meta, WhatsApp move Supreme Court against NCLAT order on ₹213 crore CCI penalty

Meta Platforms Inc and WhatsApp have approached the Supreme Court, seeking to overturn a ruling of the National Company Law Appellate Tribunal (NCLAT) that upheld a ₹213.14-crore penalty imposed by the Competition Commission of India (CCI) over WhatsApp’s 2021 privacy policy changes.

The petitions bring the long-running dispute between WhatsApp and India’s competition regulator before the country’s highest court, including questions around whether the messaging platform abused its market dominance by linking user access to expanded data-sharing with other Meta-owned companies.

In November 2024, the CCI concluded that WhatsApp had violated the Competition Act, 2002 by rolling out a “take-it-or-leave-it” privacy policy that forced users to accept broader sharing of their personal data with Meta group entities in order to continue using the service. The regulator imposed a monetary penalty on Meta and issued several directions aimed at restoring user choice and limiting cross-platform data flows.

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Those measures included barring WhatsApp from tying data-sharing to service access in India, mandating opt-in and opt-out mechanisms for users, and requiring detailed disclosures about what data is shared and for what purpose.

Meta and WhatsApp challenged the order before the NCLAT. In January 2025, the appellate tribunal put the fine and the CCI’s five-year restriction on data-sharing on hold, citing concerns that a complete ban could affect WhatsApp’s free-to-use business model.

However, in its final ruling in November 2025, the tribunal upheld the ₹213.14-crore penalty while partially siding with WhatsApp by overturning the CCI’s finding that Meta had used its messaging dominance to shield its position in the digital advertising market.

After the CCI sought further clarification, the NCLAT reinstated the regulator’s user-choice requirements and granted WhatsApp a three-month window to implement the mandated safeguards.

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By taking the matter to the Supreme Court, Meta and WhatsApp are now challenging both the financial penalty and the compliance obligations flowing from the CCI’s decision. The appeal has been filed through law firm Shardul Amarchand Mangaldas & Co.

The case is expected to be closely watched, as it will shape how India regulates data-sharing practices among Big Tech companies operating multiple consumer platforms.