Brazil’s competition authority has mandated that WhatsApp suspend its ban on third-party AI chatbots utilizing its business API. Concurrently, the agency has initiated an investigation into Meta to assess the potential anti-competitive nature of this policy.
The Conselho Administrativo de Defesa Econômica (CADE) stated, “There is possible anti-competitive conduct of an exclusive nature that arises from the application of the New WhatsApp Terms (‘WhatsApp Business Solution Terms’) imposed by Meta, which regulates access for providers of artificial intelligence tools to WhatsApp users.”
CADE is exploring whether Meta’s terms disproportionately disadvantage competitors while favoring its own AI solutions, specifically Meta AI, available on WhatsApp.
In October, Meta altered its usage terms for the WhatsApp Business API, prohibiting third-party AI firms, including OpenAI and Microsoft, from offering their chatbots on the platform. Following this decision, these companies indicated that their chatbots would be unavailable on WhatsApp starting January 15. Notably, the policy does not prevent businesses from deploying their own chatbots, whether AI-driven or not, within the app.
This investigation also coincides with a similar antitrust inquiry launched by the European Union, accompanied by Italy’s investigation into the matter. Should the EU conclude that Meta violates antitrust regulations, the company could face penalties of up to 10% of its global revenue.
Meta has yet to respond to requests for comments outside standard business hours. The company has historically maintained that third-party AI chatbots strain its systems, which were not designed for such uses. A Meta spokesperson emphasized, “The purpose of the WhatsApp Business API is to aid businesses in providing customer support and disseminating relevant updates. Our focus is on supporting the tens of thousands of businesses building these experiences on WhatsApp.”
