EU Commission Launches Antitrust Probe Against Meta Over AI Restrictions on WhatsApp

Edited by: Tatyana Hurynovich

On December 4, 2025, the European Commission formally initiated an antitrust investigation targeting the Meta group. This action is grounded in established competition law, specifically Article 102 of the Treaty on the Functioning of the European Union (TFEU). This move signals a clear escalation in regulatory scrutiny from Brussels directed at major technology conglomerates. While the investigation follows traditional competition rules, it runs parallel to enforcement actions already underway pursuant to the Digital Markets Act (DMA).

The core concern driving this inquiry revolves around recent modifications to the terms of service affecting the WhatsApp Business Solution. Regulators are apprehensive that Meta’s new policy systematically erects hurdles for third-party artificial intelligence providers while simultaneously granting unimpeded access to Meta’s proprietary offering, known as Meta AI. Executive Vice-President of the European Commission for a Greener, Fairer, and More Competitive Transition, Teresa Ribera, who assumed office on December 1, 2024, reiterated a firm commitment to cracking down on dominant firms attempting to leverage their market power to stifle innovative competitors within the burgeoning AI sector.

Specifically, the Commission is scrutinizing the policy announced by Meta in October 2025. This policy explicitly bars external AI providers whose primary business involves general-purpose AI assistants or chatbots from utilizing the WhatsApp Business API. However, AI tools designed for auxiliary functions, such as automated customer service, remain permissible under the new structure. These new restrictions became effective for any new providers starting October 15, 2025, with existing partners granted a grace period extending until January 15, 2026, to comply.

The scope of this investigation covers the entirety of the European Economic Area (EEA), with the notable exception of Italy. In Italy, the national competition authority commenced its own separate proceedings against Meta in November 2025. Industry observers view this European action as applying the doctrine of an essential infrastructure to the digital age, given WhatsApp’s status as a critical access channel for end-users. Meta representatives have strongly refuted the allegations, labeling the probe as entirely unfounded. They contend that universal AI chatbots impose substantial strain on their systems, a burden their own Meta AI service does not share. Should the Commission confirm violations, Meta faces potential financial penalties reaching up to 10 percent of its total annual worldwide turnover.

The European Commission has prioritized this case, aiming to preempt any potentially irreversible damage to emerging European AI startups. This comprehensive approach to digital governance, integrating competition law with security considerations, is establishing a new operational framework for tech giants operating within the EEA. This contrasts sharply with the comparatively more lenient stance often observed in the United States, as evidenced by a joint letter sent by Ribera and Virkkunen to members of the US Congress on March 6, 2025, underscoring the EU’s unwavering insistence on maintaining open digital markets.

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Sources

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