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WhatsApp has not abused dominant position in India, rules NCLAT

WhatsApp has not abused dominant position in India, rules NCLAT

The Hindu
Wednesday, August 10, 2022 06:02:22 AM UTC

The Competition Commission of India (CCI) on June 1, 2017 rejected the complaint of the NGO alleging predatory pricing by WhatsApp.

The NCLAT has set aside a petition and upheld a 2017 CCI order that dismissed a complaint of predatory pricing against instant messaging platform WhatsApp.

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The National Company Law Appellate Tribunal (NCLAT) said no doubt WhatsApp has a 'dominant position' but it has not 'abused its dominant position' based on inputs provided by the appellant, an NGO Fight for Transparency Society.

"We do not find any inconformity in the findings of Competition Commission of India (CCI) and hence, the ‘Appeal’ deserves to be dismissed and accordingly is dismissed," said the NCLAT order dated August 2, 2022.

The Competition Commission of India (CCI) on June 1, 2017 rejected the complaint of the NGO alleging predatory pricing by WhatsApp, which was acquired by Facebook in 2014, by not charging any subscription fee from the users.

The NGO had alleged that WhatsApp has made many changes to its privacy policy from the time Facebook acquired it, which was an abuse of its dominant position.

The complaint was rejected by the CCI, following which the NGO challenged the order before the NCLAT, requesting that the fair trade regulator's order be set aside and direction be issued to launch an investigation in the matter.

Read full story on The Hindu
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