Why should you care?
Delhi High Court’s decision dated August 25, 2022
The two-judge bench of the Delhi High Court was tasked with deciding the correctness of the decision of the single-bench dated April 22, 2021. While dismissing WhatsApp and Facebook’s appeal, the Court rules on four issues which have been detailed below:
The Order records that the Ld. ASG appearing on behalf of the CCI submitted that “the long-term objective of such technology and devices is to consume every inch of human time, and to capitalise on it. [...] in pursuance of this, exclusionary tactics are adopted by such entities which are backed by the dominant position that these entities occupy. [...] there is a design and object behind these tech companies, and that the Competition Act, 2002, was brought in to ensure that these companies did not use their position to institute anti- competitive practices to the detriment of their users.” (Para 22)
- Was CCI correct in making Facebook Inc. (now Meta), including Facebook India, a party in the proceedings since it is a separate entity?
The Court held that the CCI was not bound by its decision in Vinod Kumar Gupta. Unlike the 2016 Policy which provided the users with an option to ‘opt-out’ of sharing their information with Facebook, the 2021 Policy placed users in a ‘take-it-or-leave-it’ situation, ‘virtually forcing its users into an agreement by providing a mirage of choice, and then sharing their sensitive data with Facebook Companies envisaged in the policy.’ (Para 46)
- Delhi High Court’s judgment dated August 25, 2022 (link)
- CCI’s order dated March 24, 2021 ordering the investigation (link)
- CCI’s order dated October 12, 2021 accepting our Information and tagging it with the main case (link)