The European Commission has opened a formal antitrust investigation to assess whether Meta's new policy on artificial intelligence ('AI') providers' access to WhatsApp may breach EU competition rules.
Meta's new policy, announced in October 2025, prohibits AI providers from using a tool allowing businesses to communicate with customers via WhatsApp, the 'WhatsApp Business Solution', when AI is the primary service offered. Businesses may still use AI tools for ancillary or support functions, such as automated customer support offered via WhatsApp. The Commission is concerned that such new policy may prevent third party AI providers from offering their services through WhatsApp in the European Economic Area ('EEA').
Meta, headquartered in the US, is a technology company that provides a range of online communication and social networking services. Its main products include WhatsApp, a messaging service that enables users to exchange text messages, voice notes, photos, videos, documents and make voice and video calls.
WhatsApp also allows businesses to communicate with their customers through the platform. Indeed, several AI providers offer access to their AI assistants through WhatsApp, enabling users to interact with conversational AI directly within the app for tasks such as answering questions, generating content or accessing customer support.
The Commission understands that Meta will implement the new policy through an update to WhatsApp terms and conditions for business users, its 'WhatsApp Business Application Programming Interface terms'. For AI providers already present on WhatsApp, the update will apply as of 15 January 2026, while for AI providers new to WhatsApp the update has already been applicable since 15 October 2025.
As a result of the new policy, competing AI providers may be blocked from reaching their customers through WhatsApp. On the other hand, Meta's own AI service 'Meta AI' would remain accessible to users on the platform.
The formal investigation will cover the EEA except for Italy. This is to avoid an overlap with the Italian Competition Authority's ongoing proceedings for the possible imposition of interim measures concerning Meta's conduct.
If proven, the practices under investigation may breach EU competition rules that prohibit the abuse of a dominant position ( Article 102 of the Treaty on the Functioning of the European Union ('TFEU')) and Article 54 of the European Economic Area ('EEA') Agreement).
This investigation is part of the Commission's ongoing monitoring of AI markets in the EEA, following the consultation launched in January 2024 and the publication of a Policy paper on 19 September 2024.
The Commission will now carry out its in-depth investigation as a matter of priority. The opening of a formal investigation does not prejudge its outcome.
Background
Article 102 TFEU and Article 54 of the European Economic Area ('EEA') Agreement prohibit the abuse of a dominant position that may affect trade and prevent or restrict competition within the Single Market. The implementation of Article 102 TFEU is defined in Regulation 1/2003 .
Article 11(6) of Regulation 1/2003 provides that the opening of proceedings by the Commission relieves the competition authorities of the Member States of their competence to apply EU competition rules to the practices concerned. In this specific case, the formal investigation will cover the entire EEA, except for Italy.
Article 16(1) further provides that national courts must avoid adopting decisions which would conflict with a decision contemplated by the Commission in proceedings it has initiated.
There is no legal deadline for bringing an antitrust investigation to an end. The duration of an antitrust investigation depends on a number of factors, including the complexity of the case, the extent to which the companies concerned cooperate with the Commission and the parties' exercise of the rights of defense.
