Tech

Unable to move forward in probe against WhatsApp, Facebook: CCI tells Delhi High Court


The Competition Commission of India (CCI) on Thursday told the Delhi High Court that it could not “move an inch” in its investigation into WhatsApp’s privacy policy in 2021 due to a court order. Facebook and instant messaging platform filing. probe related reply.

The CCI told a bench headed by Chief Justice Satish Chandra Sharma that there was “almost no time” in the proceedings and that the anti-trust regulator must be allowed to carry out its investigation and Facebook and WhatsApp must be asked to submit their reply.

The bench, which also includes Justice Subramonium Prasad, is hearing WhatsApp and Facebook appeals challenging a single judge’s order to dismiss their plea against the investigation led by CCI to the updated privacy policy of the instant messaging platform.

“The investigation lasted 16 months. We can’t move an inch. We have to be allowed to investigate,” the senior attorney said.

On January 3, a bench headed by Chief Justice DN Patel extended Facebook and WhatsApp’s replies to two June 2021 CCI notices asking them to provide certain information. for the purposes of their investigations.

The court, on Thursday, orally observed that there was “no stay order” related to the investigation and suggested that the two companies should submit their responses before the CCI and list the case for further consideration. on July 22.

An attorney appeared to the appellants saying their appeal would be meaningless if the provisional defense was dropped and was told that a preliminary response had been filed before the CCI.

A senior lawyer for Facebook India has urged the court to postpone the hearing on the appeal, saying the case involves “significant matters”.

In January last year, CCI decided to review WhatsApp’s updated privacy policy based on news reports regarding a similar issue.

WhatsApp and Facebook then challenged the CCI sole judge’s order in March 2021 to direct an investigation against them, saying the matter regarding their new policy was pending review in court. High Court and Supreme Court.

However, the sole judge on April 22 last year refused to interfere with the investigation directed by the CCI.

The sole judge agreed that although the CCI would be “cautious” awaiting the outcome of the petitions in the High Court and Delhi High Court against WhatsApp’s new privacy policy, but Failure to do so will not make the regulator’s order “wrong” or “want to have jurisdiction”.

The CCI argued before a judge that it did not consider allegations of privacy violations by individuals being considered by the Supreme Court.

It argued in court that WhatsApp’s new privacy policy would lead to excessive data collection and “stalking” of consumers for targeted advertising to bring in more users and thus, alleged abuse of a dominant position.




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