Meta Platforms Inc and its subsidiary WhatsApp have filed an appeal with the Supreme Court of India against a National Company Law Appellate Tribunal (NCLAT) judgment that upheld a penalty imposed by the Competition Commission of India (CCI) in connection with changes to WhatsApp’s privacy policy in 2021.
According to media reports, the dispute began when the CCI concluded that the updated privacy policy, which included revised terms on data sharing between WhatsApp and other Meta entities, amounted to abuse of dominant position under the Competition Act. The CCI levied a penalty of Rs 213.14 crore and directed WhatsApp to take remedial measures to uphold user choice and competition standards.
Meta and WhatsApp initially challenged the CCI order before the NCLAT, which in January 2025 stayed the penalty and associated directions while the appeal was being heard. In November 2025, the tribunal delivered its final ruling, partly setting aside NCLAT’s prior stay of certain aspects but upholding the Rs 213.14 crore penalty imposed by the competition regulator.
The case centres on whether WhatsApp’s 2021 privacy policy, particularly its “take-it-or-leave-it” terms on data sharing, unduly restricted user autonomy and violated regulatory norms designed to prevent anti-competitive conduct. Meta and WhatsApp have sought judicial scrutiny of the decision at the Supreme Court, arguing that the penalty and findings need legal examination at the highest level of the Indian judiciary.
The appeal was filed through legal counsel as Meta and WhatsApp seek a legal review of the NCLAT’s conclusions and the continued application of the penalty and any related remedies imposed by the CCI.
