Meta, WhatsApp approach SC over Rs 213 crore CCI fine

Meta Platforms and WhatsApp have approached the Supreme Court to challenge a National Company Law Appellate Tribunal (NCLAT) ruling that upheld a ₹213.14 crore penalty imposed by the Competition Commission of India (CCI) over the platform’s controversial 2021 privacy policy, according to Bar & Bench.

The appeal escalates a multi-year legal dispute between WhatsApp and India’s competition regulator, which has accused the company of abusing its dominant position by requiring users to accept expanded data-sharing with Meta-owned entities to continue using the messaging service.

The dispute stems from WhatsApp’s 2021 update, which required users to consent to expanded sharing of personal data with Meta group companies. In November 2024, the CCI ruled that the policy violated the Competition Act, 2002, describing it as a “take-it-or-leave-it” framework that deprived users of meaningful choice.

Alongside the ₹213.14-crore penalty, the CCI issued directions to safeguard user autonomy. These included prohibiting conditional data-sharing for access to WhatsApp in India, requiring clear opt-in and opt-out options, and providing transparent disclosures on the scope and purpose of data sharing across Meta’s platforms.

Meta and WhatsApp approached the NCLAT, which in January 2025 granted interim relief by staying both the ₹213.14-crore fine and the CCI’s five-year restriction on data-sharing. The tribunal noted that a complete ban could significantly disrupt WhatsApp’s free-to-use business model.

In its final judgment in November 2025, the NCLAT upheld the ₹213.14-crore penalty but partly ruled in WhatsApp’s favour by setting aside the CCI’s finding that Meta had leveraged WhatsApp’s dominance in messaging to protect its position in the digital advertising market.

Following a clarification request from the CCI, the NCLAT reinstated the regulator’s user-choice safeguards and gave WhatsApp three months to comply with the prescribed measures. By approaching the Supreme Court, Meta and WhatsApp are now seeking relief from both the financial penalty and the operational restrictions.

The case is expected to attract close attention due to its potential implications for data-sharing rules and the regulation of market power among global tech companies operating multiple digital platforms in India.