The European Commission is to investigate Facebook parent Meta Platforms over a new business policy on third-party AI tools on WhatsApp, and said it may take early action to prevent the policy from fully coming into force.
The Commission said on Thursday it was concerned that the terms could prevent competing AI companies from offering services through WhatsApp.
“AI markets are booming in Europe and beyond,” said EU antitrust chief Teresa Ribera.
WhatsApp rules
She said the probe was designed to determine whether Meta’s new policy might be illegal under competition rules and “whether we should act quickly to prevent any possible irreparable harm to competition in the AI space”.
Ribera added that European citizens and businesses must benefit fully from the AI technological revolution and dominant digital incumbents must be prevented from abusing their power to “crowd out innovative competitors”.
Meta introduced its AI features into WhatsApp in Europe in March, after a delay.
Italian authorities earlier began an investigation into whether Meta used its dominance to integrate AI into WhatsApp without user consent.
In November it broadened the probe to look into the new terms for WhatsApp Business, saying the changes could limit production, market access or technical developments in the AI chatbot services market.
The updated terms took effect in October for AI providers new to WhatsApp, and apply from 15 January for providers already on the app.
Ribera said interim measures could be taken ahead of the January changes.
Competing chatbots
WhatsApp declined to comment on the new probe, but said the claims of the Italian investigation were “baseless” and that AI chatbots on the Business API had put too much of a strain on its systems.
AI start-up Interaction Company of California, which develops the Poke.com AI assistant, urged “swift intervention” against Meta’s new policy.
The Commission is investigating under conventional antitrust rules, rather than the Digital Markets Act.
