Brazil orders Meta to suspend WhatsApp AI policy as CADE investigation targets anti-competitive conduct

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Brazil's antitrust regulator CADE has ordered Meta to suspend its WhatsApp policy that bans third-party AI chatbots from the platform's Business API. The watchdog launched an investigation into potential anti-competitive conduct, examining whether Meta's terms unfairly favor its own Meta AI chatbot while excluding competitors like OpenAI, Microsoft, and Perplexity.

Brazil's Competition Watchdog Suspends WhatsApp AI Policy

Brazil's competition watchdog, the Conselho Administrativo de Defesa Econômica (CADE), has ordered Meta to suspend its WhatsApp AI policy that prohibits third-party AI chatbots from operating on the platform

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. The regulatory intervention comes as CADE Investigation into potential anti-competitive conduct intensifies, with the agency examining whether Meta's new terms unduly favor its own Meta AI chatbot while excluding competitors

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Source: Reuters

Source: Reuters

According to CADE, there is "possible anti-competitive conduct of an exclusive nature" arising from Meta's application of the new WhatsApp Business Solution Terms imposed on artificial intelligence tool providers

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. The agency will investigate whether these terms are exclusionary to competitors and create an unfair advantage for Meta's own AI offerings on the WhatsApp Business tool.

Meta's Controversial Policy Change Affects Major AI Players

Meta changed its terms of use for the WhatsApp Business API last October, effectively banning third-party AI chatbots from the platform

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. The policy was scheduled to take effect on January 15, impacting major players including OpenAI, Perplexity, and Microsoft, who confirmed their chatbots would no longer be available on WhatsApp after that date. Notably, Meta's policy does not prevent businesses from offering their own AI-powered chatbots to customers within WhatsApp, only restricting external AI companies from providing their services through the Business API.

Meta has defended the policy by arguing that AI chatbots strain its systems, which were designed for different uses of the Business API. "The purpose of the WhatsApp Business API is to help businesses provide customer support and send relevant updates. Our focus is on supporting the tens of thousands of businesses who are building these experiences on WhatsApp," a Meta spokesperson stated when announcing the policy change in October

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Growing International Regulatory Scrutiny

The CADE Investigation represents the latest in a series of antitrust challenges facing Meta over this policy. The European Union has launched its own antitrust investigation into the new terms, as has Italy

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. If the European Union finds Meta in breach of its antitrust rules, the company could face fines of up to 10% of its global revenue, a significant financial penalty that underscores the seriousness of these regulatory concerns.

Source: TechCrunch

Source: TechCrunch

In response to Italian regulatory pressure, Meta has already informed developers that they can continue offering their AI chatbots to users in Italy even after January 15, according to a notice seen by TechCrunch

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. The company could make a similar decision in Brazil following the order to suspend policy from CADE

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Implications for AI Competition and Platform Control

The regulatory actions signal a broader concern about how dominant platforms control access to AI technologies and whether such restrictions constitute anti-competitive conduct. For developers and artificial intelligence tool providers, the outcome of these investigations will determine whether they can reach WhatsApp's massive user base or remain locked out of one of the world's most popular messaging platforms. The case also raises questions about the balance between a platform's right to manage its infrastructure and the need to maintain competitive markets in the rapidly evolving AI sector. As multiple jurisdictions scrutinize Meta's approach, the company faces mounting pressure to reconsider how it regulates third-party AI access to its platforms.

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