EU Opens Antitrust Investigation into Meta’s New WhatsApp Policy Affecting AI Providers

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The European Commission has launched a formal antitrust investigation into Meta Platforms, Inc., examining whether the company’s newly announced policy governing artificial intelligence (AI) providers’ access to WhatsApp may infringe EU competition rules.

Announced in October 2025, Meta’s updated policy restricts the ability of AI providers to use the WhatsApp Business Solution—a tool that enables companies to communicate with customers—when AI constitutes the primary service offered. While businesses may continue to rely on AI for ancillary or support functions, such as automated assistance, the Commission fears that the new policy could significantly limit third-party AI providers’ ability to deliver their services through WhatsApp across the European Economic Area (EEA).

Meta, headquartered in the United States, operates several leading digital communication and social platforms. WhatsApp, one of its flagship services, enables users to exchange messages, media, and voice or video calls. It also serves as a business-to-consumer communication channel, increasingly used by AI providers to give customers access to conversational AI assistants for tasks such as answering questions, generating content, or accessing automated support.

Scope and Concerns of the Investigation

According to the Commission, Meta intends to implement the new policy through amended WhatsApp Business API terms and conditions. For AI providers already established on WhatsApp, the update is scheduled to apply from 15 January 2026. For new providers, the restrictions have been effective since 15 October 2025.

The Commission is concerned that Meta’s policy could block competing AI providers from reaching users via WhatsApp, while Meta’s own assistant—Meta AI—would remain available on the platform. This could potentially distort competition in AI markets by limiting access to a key communication channel used widely by consumers and businesses in the EEA.

The investigation will cover the EEA with the exception of Italy, where the national competition authority is already assessing Meta’s conduct and considering interim measures. To avoid overlap, the Commission’s proceedings will not extend to the Italian market.

If substantiated, the conduct under scrutiny may constitute an abuse of a dominant position under Article 102 of the Treaty on the Functioning of the European Union (TFEU) and Article 54 of the EEA Agreement.

Regulatory Context

This case forms part of the Commission’s broader surveillance of AI markets, following its January 2024 consultation and the publication of a comprehensive policy paper in September 2024. Under Regulation 1/2003, the opening of EU proceedings removes Member States’ competence to apply EU antitrust rules to the same conduct. National courts must also refrain from issuing decisions that could conflict with the Commission’s assessment.

There is no statutory deadline for completing the investigation. Its duration will depend on the case’s complexity, company cooperation, and the exercise of procedural rights.

Further information will be made available in the Commission’s public competition case register under case AT.41034.

Official Statement

Teresa Ribera, Executive Vice-President for Clean, Just and Competitive Transition, commented:

“AI markets are booming in Europe and beyond. We must ensure European citizens and businesses can benefit fully from this technological revolution and act to prevent dominant digital incumbents from abusing their power to crowd out innovative competitors. This is why we are investigating if Meta’s new policy might be illegal under competition rules, and whether we should act quickly to prevent any possible irreparable harm to competition in the AI space.”