Delhi HC: Appeals by Social Media Platforms, WhatsApp & Meta, Against CCI Investigations Dismissed2 min read
Published on: 25th August, 2022 at 21:08 IST
Recent appeals made by WhatsApp and its parent company Meta (formerly Facebook) against the court’s previous order were dismissed by the Delhi High Court. The division bench included Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad, who opined that the appeals are without any merit.
The plea made by WhatsApp and Meta in this regard was dismissed in this regard by a single judge bench of Justice Navin Chawla. The bench refused to dismiss the CCI probe.
The company had earlier assured the court of its non-implementation of its policy till the arrival of the Data Protection Bill.
Additional Solicitor General N. Venkatraman, counsel for CCI said that the ongoing investigations be not quashed. There is conflict or overlap of its enquiry and the matter of violation of right to privacy pending.
Whereas, it was submitted by WhatsApp:
Also, the CCI must wait for the findings of the Supreme Court aid and then proceed.
The CCI notice said:
“Neither fully transparent nor based on specific, voluntary consent of users”.
And so, the concerned policy was a misuse of a dominant position, which is a violation of Section 4 of the Competition Act. The policy is a “take–it-or-leave-it” based policy and is “unfair and unreasonable”. Therefore, a detailed investigation is required to examine the scope and impact of data sharing through involuntary consent of users, as under Section 26(1) of the Act.
Henceforth, the Commission has directed the DG to complete the investigation and submit the investigation report within a period of 60 days from the date of the order.