Description

Federal District Court suspended Administrative Council for Economic Defense preventive measure against Meta

On 22 January 2026, the 20th Federal District Court ordered the suspension of the interim preventive measure adopted by the Administrative Council for Economic Defense (CADE)'s Superintendence-General against Facebook and WhatsApp. The decision follows the companies' filing a writ of mandamus seeking judicial relief against CADE’s interim measure, adopted on the basis of Technical Note No. 2/2026 and the Superintendence-General's order to open Administrative Inquiry No. 08700.012397/2025-63. The companies informed CADE that the court had granted the requested relief with immediate effect and ex tunc. The interim measure had been adopted in the context of CADE’s investigation into the WhatsApp Business Solution Terms, which restrict third-party artificial intelligence providers and developers from accessing or using WhatsApp Business. CADE was assessing whether these restrictions could constitute anti-competitive conduct. The companies told CADE that the writ of mandamus case was under judicial secrecy, meaning the court decision could not be filed publicly and was submitted only as a confidential annex accessible to CADE and the parties.

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
judiciary
Government Body
court

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 …

2026-01-22
under investigation

On 22 January 2026, the 20th Federal District Court ordered the suspension of the interim preventiv…