Meta Approaches Supreme Court Challenging NCLAT Order Upholding Rs 213 Crore CCI Penalty on WhatsApp Privacy Policy
Meta Platforms Inc and WhatsApp have moved the Supreme Court of India, challenging a decision of the National Company Law Appellate Tribunal (NCLAT). The tribunal had upheld a penalty of ₹213 crore imposed by the Competition Commission of India (CCI) over WhatsApp’s 2021 privacy policy.
The dispute relates to WhatsApp’s updated privacy policy, which required users to accept expanded data sharing with other Meta group companies in order to continue using the app. In November 2024, the CCI held that this “take-it-or-leave-it” policy amounted to abuse of dominant position under the Competition Act, 2002.
According to the CCI, users were not given a real choice and were forced to agree to broader data sharing as a condition for access to WhatsApp services. The regulator imposed a penalty of ₹213.14 crore on Meta and issued several directions. These included stopping mandatory data sharing with Meta companies, providing clear opt-in and opt-out options to users, and giving transparent details about how user data would be shared and used.
Meta and WhatsApp challenged the CCI order before NCLAT. In January 2025, the appellate tribunal stayed both the monetary penalty and a five-year ban on data sharing, noting that such restrictions could affect WhatsApp’s business model, especially since the service is offered free to users.
In its final judgment delivered in November 2025, NCLAT partly ruled in favour of WhatsApp. It set aside the CCI’s finding that Meta had used WhatsApp’s dominance in the messaging market to protect its position in online advertising. However, the tribunal upheld the ₹213.14 crore penalty imposed by the CCI.
Later, on an application filed by the CCI, NCLAT restored user-choice safeguards and granted WhatsApp three months to comply with the remedial directions. Aggrieved by this outcome, Meta and WhatsApp have now approached the Supreme Court to challenge the NCLAT verdict.
