The European Union (EU) has officially launched an antitrust investigation into Meta’s newly implemented AI policy for WhatsApp, raising concerns over competition violations. This move comes after Meta’s updated policies seemingly favor its own AI technology while restricting third-party providers from offering chatbot services through the messaging platform.
What is the Basis of the Investigation?
The European Commission is probing whether Meta is abusing its dominant market position by reserving WhatsApp’s AI chatbot capabilities exclusively for its proprietary AI technologies. Under the updated terms, which came into effect in late October for new providers and will fully apply by January 15, 2026, third-party AI providers are banned from offering chatbots if their core service relies on AI functionalities. The Commission is concerned that this policy could prevent rival companies from effectively competing in the European Economic Area (EEA).
Notably, this policy does allow businesses to use AI for backend operations, such as automated customer responses, but prohibits the use of AI-powered chatbots when AI is the primary offering, significantly limiting competition in the space for companies other than Meta.
The Legal Implications for Meta
If proven, the EU alleges Meta’s conduct would violate Article 102 of the Treaty on the Functioning of the European Union and Article 54 of the EEA Agreement, both of which aim to prevent abuse of dominant market positions. Meta could face substantial fines and be required to make policy adjustments to level the competitive playing field.
Legal experts believe the investigation hinges on whether Meta’s policies limit rivals’ capacity to compete in AI services on WhatsApp. Under EU antitrust law, the Commission does not need to prove intent to exclude competitors—only that the policy is capable of having exclusionary effects that harm consumer choice and innovation.
Exclusion of Italy and Implications
The EU probe spans the entire EEA, excluding Italy, where a separate investigation into Meta’s conduct is currently being carried out by national authorities. The Commission stated that opening proceedings does not predetermine the investigation’s outcome, but it will prioritize the case due to its potentially far-reaching implications for the tech industry.
Meta’s Stance and Industry Concerns
Meta has yet to publicly comment on the investigation, but the company has historically justified its restrictive policies on the grounds of security and product integration. Critics, however, argue that such policies could stifle innovation and limit the availability of diverse AI services for businesses and consumers across Europe.
Related Product Highlight
As businesses increasingly turn to AI for workflow optimization, it’s crucial to find compliant tools that enhance operations while meeting global regulations. If you’re looking for a robust AI-powered customer service tool, consider Zendesk AI Solutions. Zendesk offers user-friendly solutions for automated customer support without being restricted by platform-specific limitations, making it a strong alternative for companies affected by WhatsApp’s new policies.
Conclusion
The EU’s antitrust probe into Meta signifies a crucial moment for competition regulation in the rapidly evolving AI industry. As the Commission investigates whether Meta’s policy changes violate competition laws, the outcome could set a precedent for how dominant tech companies manage their platforms and partnerships with third-party providers.
