Argentina: National Commission for the Defence of Competition investigation into WhatsApp and Meta Platforms over alleged abuse of dominant position through WhatsApp privacy policy update under Law No. 27.442 on the Defence of Competition

Progress

Current status
under investigation
02 Jul 2025 under deliberation
11 Aug 2023 under investigation
01 Aug 2023 under investigation
20 Jul 2023 under investigation
23 May 2023 under investigation
01 Sep 2022 under investigation
26 Apr 2022 in force
13 Apr 2022 in force
27 Aug 2021 under investigation
09 Jun 2021 under investigation
17 May 2021 under deliberation
13 May 2021 under deliberation

Scope

Implementers
Argentina
Policy Area
Competition
Policy Instrument
Unilateral conduct regulation
Regulated Economic Activity
messaging service provider
Government Branch
executive
judiciary
Government Body
competition authority
court
Implementation Level
national

Timeline of events

02 Jul 2025
under deliberation

National Commission for the Defence of Competition issued Opinion IF-2025-71444906 recommending closure of proceedings over alleged abuse of dominant position through WhatsApp privacy policy update

On 2 July 2025, the National Commission for the Defence of Competition (CNDC), a body under the Secretariat of Industry and Trade of the Ministry of Economy, issued Opinion IF-2025-71444906-APN-CNDC#MEC in case COND. 1767, which examined whether the…

Event type investigation
Action type opinion
Government branch executive
Government body competition authority
11 Aug 2023
under investigation

National Court of Federal Civil and Commercial Appeals confirmed temporary injunction requiring suspension of WhatsApp privacy policy update and restraint from sharing user data

On 11 August 2023, the National Court of Federal Civil and Commercial Appeals issued a ruling confirming the temporary injunction against WhatsApp and Facebook. The original injunction required the suspension of the updates to WhatsApp’s privacy pol…

Event type investigation
Action type interim ruling
Government branch judiciary
Government body court
01 Aug 2023
under investigation

WhatsApp and Meta Platforms submitted observations in proceedings over alleged abuse of dominant position through WhatsApp privacy policy update

On 1 August 2023, WhatsApp LLC, Meta Platforms Inc., WhatsApp Ireland Limited, Meta Platforms Ireland Limited, and Facebook Argentina S.R.L. submitted their submissions in accordance with Article 43 of Law No. 27.442.

Event type investigation
Action type interim ruling
Government branch executive
Government body competition authority
20 Jul 2023
under investigation

National Commission for the Defence of Competition issued Decision No. 60/23 ruling on evidence and opening submissions stage over alleged abuse of dominant position through WhatsApp privacy policy update

On 20 July 2023, the National Commission for the Defence of Competition issued Decision No. 60/23, admitting certain evidence, rejecting others, declaring unnecessary the opening of the evidentiary stage, and opening the stage of submissions for a c…

Event type investigation
Action type interim ruling
Government branch executive
Government body competition authority
23 May 2023
under investigation

National Commission for the Defence of Competition issued Decision No. 39/23 closing investigatory stage and bringing charges over alleged abuse of dominant position through WhatsApp privacy policy update

On 23 May 2023, the National Commission for the Defence of Competition issued Decision No. 39/23, ordering the closure of the investigatory stage and bringing charges against the companies concerned for the alleged commission of anti-competitive pra…

Event type investigation
Action type interim ruling
Government branch executive
Government body competition authority
01 Sep 2022
under investigation

National Court of Federal Civil and Commercial Appeals dismissed extraordinary appeals by Facebook and WhatsApp against suspension of WhatsApp privacy policy update

On 1 September 2022, the Argentine National Court of Federal Civil and Commercial Appeals issued a ruling dismissing the extraordinary appeals filed by Facebook and WhatsApp. The Court upheld the validity of the precautionary measure issued in April…

Event type investigation
Action type interim ruling
Government branch judiciary
Government body court
26 Apr 2022
in force

National Court of Federal Civil and Commercial Appeals confirmed legality of suspension order against WhatsApp privacy policy update

On 26 April 2022, the National Court of Federal Civil and Commercial Appeals issued its ruling in the appeal brought by Facebook and WhatsApp against the Secretary of Domestic Trade of the Ministry of Productive Development order requiring the suspe…

Event type investigation
Action type ruling
Government branch judiciary
Government body court
13 Apr 2022
in force

Secretariat of Domestic Trade of the Ministry of Productive Development adopted Resolution 224/2022 extending suspension of WhatsApp privacy policy update pending appeal

On 13 April 2022, the Secretary of Domestic Trade of the Ministry of Productive Development adopted Resolution 224/2022, extending the applicability of the order of suspension of the WhatsApp privacy policy update that was planned for 15 May 2021 …

Event type investigation
Action type ruling
Government branch executive
Government body competition authority
27 Aug 2021
under investigation

National Commission for the Defence of Competition issued Decision No. 82/21 opening summary proceedings over alleged abuse of dominant position through WhatsApp privacy policy update

On 27 August 2021, the National Commission for the Defence of Competition issued Decision No. 82/21, ordering the opening of summary proceedings in relation to the alleged infringement of Articles 1 and 3 of Law No. 27.442, pursuant to Article 39 of…

Event type investigation
Action type interim ruling
Government branch executive
Government body competition authority
09 Jun 2021
under investigation

National Commission for the Defence of Competition issued Decision No. 58/21 attaching statement of facts and requesting explanations from WhatsApp and Meta Platforms entities over alleged abuse of dominant position through WhatsApp privacy policy update

On 9 June 2021, the National Commission for the Defence of Competition issued Decision No. 58/21, attaching the Statement of Facts and notifying Facebook Argentina S.R.L., Facebook Global Holdings II LLC, Meta Platforms Inc., Meta Platforms Ireland …

Event type investigation
Action type interim ruling
Government branch executive
Government body competition authority
17 May 2021
under deliberation

Secretariat of Domestic Trade of the Ministry of Productive Development ordered suspension of WhatsApp privacy policy update over alleged anti-competitive effects on instant messaging market

On May 13, 2021, the Secretariat of Inner Trade of the Ministry of Productive Development decided on the suspension of the WhatsApp privacy policy update that was planned for May 15, 2021. The suspension follows the release of an opinion by the Nati…

Event type investigation
Action type announcement
Government branch executive
Government body competition authority
13 May 2021
under deliberation

Secretariat of Domestic Trade of the Ministry of Productive Development opened administrative proceedings into WhatsApp and Facebook Inc over alleged abuse of dominant position through WhatsApp privacy policy update

On 13 May 2021, the Secretariat of Domestic Trade of the then Ministry of Productive Development ordered the opening of administrative proceedings under File No. EX-2021-42558303-APN-DGD#MDP, to investigate whether the Terms of Service and Privacy P…

Event type investigation
Action type announcement
Government branch executive
Government body competition authority