The NCLAT had put aside a petition and upheld a 2017 CCI order that had dismissed a complaint of predatory pricing against the instant messaging platform known as WhatsApp.

HIGHLIGHTS
As per NCLAT WhatsApp had a 'dominant position' but it has never abused it
NGO had alleged that WhatsApp has created several changes to its privacy policy
The Competition Commission of India (CCI) has rejected the complaint of the NGO

The National Company Law Appellate Tribunal (NCLAT) had mentioned that there has been no doubt that WhatsApp had a 'dominant position' but it had never 'abused its dominant position' as per the inputs provided by the appellant, an NGO Fight for Transparency Society.

The NCLAT order which was dated 2nd August 2022 had mentioned that 'We haven’t noticed any kind of inconformity in the findings of Competition Commission of India (CCI) and hence, the Appeal' would deserve to get dismissed and accordingly, it has been dismissed.'

Well, the Competition Commission of India (CCI) on June 1, 2017 had rejected the complaint of the NGO that has been alleging predatory pricing by WhatsApp, which had been acquired by Facebook in 2014 by not charging the users with any kind of subscription fee.

It has been witnessed that the NGO had alleged that WhatsApp has created several changes to its privacy policy from the time Facebook had acquired it, that was completely an abuse of its dominant position.

Though, the complaint was rejected by the CCI but the NGO had challenged the order before the NCLAT by requesting that the fair trade regulator's order has been set aside and the direction has been issued to launch an investigation within the matter.

The NCLAT has discovered that just updating of terms and conditions and also the users consenting or non-consenting would not amount to an abuse of dominant position within the relevant market where WhatsApp has been operating as one of the service providers within the style of messaging App.

The two-member bench had also observed that within the market multiple messaging providers were available in the market.

As NCLAT, an appellate authority over the orders passed by the CCI has mentioned, 'In the digital age it has been witnessed that it had become a common place.'

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