On , the AGCM issued an order requiring Meta to halt the enforcement of its updated WhatsApp Business API policy. This policy, introduced by Meta in , prohibits companies from using WhatsApp’s business tools to distribute general-purpose AI chatbots, such as those similar to ChatGPT or Claude. The Italian regulator stated that it found sufficient grounds to act while its investigation into Meta’s alleged abuse of a dominant market position continues. The AGCM’s action is an interim measure, designed to preserve competitive conditions during the ongoing probe.
The AGCM expressed concerns that Meta’s policy may prevent third-party AI providers from offering their services through WhatsApp in the European Economic Area (‘EEA’)
. This could potentially limit competition, market access, and technical developments in the AI chatbot sector, ultimately harming consumers by reducing options and innovation. The investigation, which began in and broadened in , specifically examines whether Meta is favoring its own Meta AI chatbot within WhatsApp. The European Economic Area encompasses 30 countries, including all 27 European Union member states plus Iceland, Liechtenstein, and Norway. Specific figures regarding potential financial impact or market share were not disclosed in the order.
The AGCM‘s decision is rooted in the belief that Meta’s conduct appears to constitute an abuse, since it may limit production, market access or technical developments in the AI chatbot services market, to the detriment of consumers
. The authority also warned that allowing the policy to stand could cause serious and lasting harm to competition
. This intervention aims to prevent such harm while the broader antitrust investigation is underway.
Meta did not immediately respond to requests for comment following the AGCM‘s order. However, the company has previously called the ruling fundamentally flawed
and indicated plans to appeal. Meta has argued that the WhatsApp Business API was not designed for the distribution of general-purpose AI chatbots and that the rise of such bots places a strain on its systems. The exact timeline for Meta’s appeal and the duration of the AGCM‘s interim suspension remain undisclosed. The full implications for users of third-party AI chatbots on WhatsApp within the EEA are also not yet clear.
The AGCM‘s order ensures that third-party AI providers can continue to offer their services via WhatsApp‘s business tools in the EEA while the antitrust investigation proceeds. This decision aligns with broader scrutiny from EU antitrust officials, with whom the AGCM is coordinating. The European Commission has also launched its own investigation into Meta’s policy. Businesses using AI for specific customer service functions, such as order tracking or booking questions, are not affected by this ban. The ultimate outcome of these investigations could significantly shape the landscape for AI chatbot integration on dominant messaging platforms in Europe.
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