During the hearing the CCI told the Court the issue is around the creation of a monopolistic market due to sharing of excessive data. It contended that WhatsApp was using its dominant position in the market to force users to share information with Facebook. This would seriously disadvantage new players who may want to enter the market because they may not be able to operate at the same scale, CCI added.
WhatsApp, which was being represented by senior advocate Harish Salve, had argued in the court that CCI had jumped the gun by starting proceedings against WhatsApp. Salve had claimed that CCI was examining privacy related issues, while the regulatory body only deals with competition.
- Facebook, WhatsApp, and CCI spar over regulator’s jurisdiction as Delhi HC reserves judgment