Brazil: Administrative Council for Economic Defence investigation into Meta over WhatsApp AI terms and suspended their application

Description

Administrative Council for Economic Defence investigation into Meta over WhatsApp AI terms and suspended their application

On 12 January 2026, the General Superintendence of the Administrative Council for Economic Defense (CADE) opened an administrative investigation against Meta to assess suspected abuse of a dominant position. The investigation concerns potential exclusionary anti-competitive practices associated with Meta’s new WhatsApp Business Solution Terms, which regulate access to and the provision of artificial intelligence tools to WhatsApp users. As part of the investigation, the General Superintendence ordered the suspension of the new terms while CADE examines indications of possible violations of the economic order. The measure aims to preserve existing competitive conditions and ensure the effectiveness of CADE’s investigation. CADE is assessing whether the changes could limit market access, exclude competing AI providers, or favour Meta’s proprietary AI tool, Meta AI. Meta will be notified and invited to submit its views, and CADE will collect information from market participants. Following the investigation, CADE may decide to initiate a formal administrative proceeding or to close the case. The investigation reflects the continued attention of CADE and other competition authorities to potential abuses of dominant positions in digital markets, including those involving artificial intelligence.

Original source

Scope

Policy Area
Competition
Policy Instrument
Unilateral conduct regulation
Regulated Economic Activity
ML and AI development, messaging service provider
Implementation Level
national
Government Branch
executive
Government Body
competition authority

Complete timeline of this policy change

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2025-11-26
under deliberation

On 26 November 2025, the Administrative Council for Economic Defence (CADE) initiated an administra…

2026-01-12
under deliberation

On 12 January 2026, the General Superintendence of the Administrative Council for Economic Defense …