Background: New WhatsApp Business Terms
In 2023 Meta revised the WhatsApp Business Solution Terms, effectively restricting third‑party AI chatbots to customer‑support functions only. The change barred services such as ChatGPT and Microsoft Copilot from operating on the platform.
EU Commission’s Preliminary Findings
The European Commission launched an antitrust investigation, focusing on two core points:
- WhatsApp is likely a dominant communication app in the European market.
- Prohibiting third‑party AI assistants could constitute an abuse of that dominant position.
Commission Executive Vice‑President Teresa Ribera emphasized the need for swift action because “AI markets are developing at rapid pace.”
Potential Interim Measures
Even before the full investigation concludes, the Commission may impose interim measures to prevent “irreparable harm” to competition. Such measures would not constitute a final judgment; Meta would still have the opportunity to defend its practices.
Meta’s Response
Meta argues that the Commission’s logic is flawed, stating that the WhatsApp Business API is not a “key distribution channel” for AI chatbots. The company has communicated this stance to Bloomberg.
Implications for AI Providers
OpenAI and Microsoft have already seen their AI services removed from WhatsApp as of 15 January. If the Commission enforces interim relief, these providers could regain access, reshaping the European AI ecosystem.
Wider Context
The case mirrors previous EU actions, such as the mandate for a USB‑C charging port on Apple devices, highlighting the Commission’s willingness to intervene when market dominance threatens consumer choice.