EU opens antitrust probe into Meta's WhatsApp AI policy
The European Commission has launched an antitrust investigation into Meta over new WhatsApp Business Solution Terms that could restrict third-party AI providers from accessing customers on WhatsApp across the EEA. Regulators are concerned the policy could foreclose rivals while Meta's own assistant, Meta AI, remains available on the platform.
What changed in WhatsApp's business terms
Announced in October 2025, the policy bars AI providers from using WhatsApp's business communication tools when AI is the primary service offered. AI can still be used for "ancillary or support functions," such as automated customer support.
The update already applies to AI providers new to WhatsApp (since 15 October 2025). For existing AI providers on WhatsApp, the terms take effect on 15 January 2026.
Scope of the EU case and overlap with Italy
The Commission's probe covers the EEA, excluding Italy, to avoid conflict with an ongoing investigation by the Italian Competition Authority (AGCM). Italy's case was opened in July over Meta's decision to pre-install Meta AI on WhatsApp and was broadened last month to address the new business policy, with the watchdog also assessing possible interim measures.
AGCM noted: "By combining Meta AI with WhatsApp, Meta appears capable of channelling its customer base into the emerging [AI] market… potentially harming competitors."
Legal basis and early signals
This action proceeds under traditional EU antitrust rules rather than the Digital Markets Act (DMA). The focus is whether the new terms restrict rival AI providers' access to a critical distribution channel while Meta's own AI remains accessible.
Possible theories of harm include exclusionary conduct or tying/self-preferencing on a dominant communications platform. The Commission has not yet issued a statement of objections.
Why this matters for in-house counsel
- WhatsApp is a high-reach channel for business-to-consumer engagement; limiting third-party AI may raise foreclosure concerns if Meta holds market power in consumer messaging.
- Interim measures are on the table in Italy and could surface at EU level if urgency and prima facie infringement are found.
- Under EU antitrust law, fines can reach up to 10% of worldwide turnover, and behavioral remedies (e.g., access commitments, changes to terms) are common outcomes.
Immediate checklist for legal and compliance teams
- Map current and planned use of WhatsApp channels for AI-driven services; identify reliance on WhatsApp APIs and third-party providers.
- Assess whether any offerings risk being classified as "AI as the primary service," and document fallback channels (SMS, email, web chat, other messengers).
- Update commercial agreements and customer notices ahead of the 15 January 2026 application date for existing providers.
- Prepare evidence on market impact (user reach, switching costs, interoperability constraints) for possible information requests from the Commission or national authorities.
- Monitor Italy's AGCM proceedings for signals on interim measures and remedy design that could set a template.
Related regulatory backdrop
Meta faces mixed outcomes across jurisdictions. A Madrid court ordered the company to pay €479m to 87 Spanish media outlets over GDPR breaches. In the US, a federal court recently found Meta did not violate antitrust law by acquiring Instagram and WhatsApp. Separately, an EU preliminary ruling in October found Meta does not provide simple mechanisms on Instagram and Facebook to report illegal content or contest moderation decisions.
What to watch next
- Whether the Commission seeks commitments or interim measures while the investigation proceeds.
- Any formal statement of objections clarifying the theory of harm (e.g., foreclosure via access restrictions, tying, or self-preferencing).
- Coordination steps with national authorities, especially in light of Italy's ongoing case.
For background on EU antitrust enforcement, see the Commission's overview of antitrust rules here. For context on the DMA framework (not used in this probe), the EU's dedicated page is here.
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