According to the Supreme Court’s website, the order would be tentatively heard on October 14 (Friday)
WhatsApp’s most recent plea for a stay on the probe was rejected by a two-judge bench of the Delhi High Court in August
Meta-owned messaging platform WhatsApp has moved the Supreme Court after the Delhi High Court issued an order allowing the Competition Commission of India (CCI) to continue its probe into the platform.
According to the Supreme Court’s website, the order would be tentatively heard on October 14 (Friday).
In May 2021, WhatsApp moved a single-judge bench in the Delhi High Court for a stay on the probe. However, the bench ruled in favour of the CCI. Following this, the instant messaging platform moved a two-judge bench of the Delhi High Court. The two-judge bench also ruled in favour of the CCI probe in August, declining to intervene any further.
WhatsApp wants CCI to stop its probe till the data privacy bill is implemented, as was made evident when it tracked back on limiting user functionality in May 2021.
WhatsApp has also repeatedly questioned CCI’s jurisdiction and methods used in the probe. At a hearing in July, Facebook argued that CCI did not even have prima facie material to begin a probe into the case, adding that CCI could not investigate the platform in a ‘creeping fashion’.
A Brief Refresher On The Probe
However, Meta and WhatsApp cite the clean chit they were given in 2016 by the CCI and argue that the current actions of the watchdog went against its own order.
In 2017, CCI closed the case stating that there was no prima facie evidence of any wrongdoing on the part of Meta or WhatsApp. CCI has since stated that the 2016 clean chit was from a different perspective and was given under different circumstances.
India is the largest market in the world for WhatsApp, where it has around 400 Mn users, per third-party data sources.