Brazil: Administrative Council for Economic Defense upheld preliminary injunction suspending Meta’s update to WhatsApp Business Solution Terms

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Administrative Council for Economic Defense upheld preliminary injunction suspending Meta’s update to WhatsApp Business Solution Terms

On 4 March 2026, the Brazilian Competition Authority (CADE) Tribunal upheld a preliminary injunction under Administrative Inquiry No. 08700.012397/2025-63, requiring Meta to suspend an update to the WhatsApp Business Solution Terms. The General Superintendence had originally imposed the injunction on 12 January 2026 after finding that the update would have prevented general-purpose artificial intelligence (AI) chatbot providers from accessing the WhatsApp Business Application Programming Interface (API) in Brazil. The inquiry was opened following complaints filed on 21 November 2025 by Factoría Elcano, S.L. (Luzia) and Brainlogic AI, S.A.S. (Zapia). Meta subsequently communicated to the General Superintendence that, from 11 March 2026, it would apply charges of USD 0.0625 per non-template message sent by AI chatbots through the API, equivalent to its marketing message pricing category.

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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 …

2026-01-22
under investigation

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

2026-03-04
under investigation

On 4 March 2026, the Brazilian Competition Authority (CADE) Tribunal upheld a preliminary injunctio…