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The Delhi high court has directed the Competition Commission of India (CCI) to revert on the appeals of Facebook and WhatsApp against a single judge order dismissing their pleas against the probe CCI ordered into WhatsApp’s new privacy policy.
Delhi HC has sought responses from CCI on this matter by May 21, 2021, the next date of hearing.
WhatsApp and Facebook had challenged the CCI’s March 24 order directing a probe into the new privacy policy.
However, on April 22, 2021, a single judge bench had said that though it would have been prudent for the CCI to await the outcome of petitions in the Supreme Court and the Delhi high court against WhatsApp’s new privacy policy, not doing so would not make the regulator’s order perverse or wanting of jurisdiction.
Further, CCI had contended that it was not examining the alleged violation of individuals’ privacy that was being looked into by the Supreme Court.
Hence, the court had said it saw no merit in Facebook’s and WhatsApp’s petitions to interdict the investigation directed by the CCI.
According to CCI, the new privacy policy of WhatsApp would lead to excessive data collection and stalking of consumers for targeted advertising to bring in more users and is, therefore, alleged abuse of dominant position. CCI had also expressed that only after the investigation could it be determined whether the data collection by WhatsApp and sharing it with Facebook would amount to an anti-competitive practice or abuse of dominant position.
However, the two social media platforms contended that CCI’s decision was an abuse of the commission’s suo motu jurisdiction.
