Meta’s WhatsApp AI ban: Why the European Commission’s interim measures matter for digital markets and innovation

The European Commission (“Commission”) has sent Meta a Statement of Objections on interim measures for blocking third-party AI assistants from WhatsApp. The Commission’s preliminary view is that Meta has breached EU antitrust rules by excluding third-party AI assistants from accessing and interacting with users on WhatsApp.

In October 2025, Meta announced an update to its WhatsApp Business Solution Terms, effectively banning third-party general-purpose AI assistants from the application. Since 15 January 2026, the only AI assistant available on WhatsApp has been Meta’s own tool, Meta AI, whilst competitors have been excluded. The Commission preliminarily concludes that Meta is likely abusing its dominant position by refusing access to WhatsApp to other businesses, including third-party AI assistants. However, the matter is not relevant merely for its impact on competition, but also on the future of digital innovation, interoperability, and users’ control over their own data.

The competition law perspective

From a competition law perspective, the case raises concerns about potential leveraging of dominance across adjacent digital markets. The Commission considers that WhatsApp is an important entry point to enable general-purpose AI assistants to reach consumers. Meta’s conduct risks raising barriers to entry and expansion, and irreparably marginalising smaller competitors on the market for general-purpose AI assistants. The Commission is therefore considering interim measures – a step in EU competition enforcement that the Commission has been hesitant to use and which underscores the severity of the potential harm. The message, however, is clear: dominant platforms cannot use their market power in one market (messaging) to distort competition in neighbouring or emerging markets (AI assistants). The investigation is a continuum to various previous investigations by the Commission under Article 102 TFEU and EU’s Digital Markets Act (“DMA”) provisions.

The technology and data governance perspective

Beyond traditional competition concerns, this case raises critical questions about interoperability and data portability, which are principles at the heart of the DMA.

WhatsApp isn’t just a messaging app; it’s a gateway to billions of users. By restricting Application Programming Interface (API) access to third-party AI assistants, Meta risks creating a closed ecosystem that limits user choice, reduces the practical impact of data portability, and curbs innovation by preventing AI developers from reaching users where they already are.

This echoes broader DMA concerns about gatekeepers controlling access to their platforms. Whilst this case proceeds under Article 102 TFEU, it illustrates why the EU has pushed for mandatory interoperability requirements under the DMA, particularly for designated gatekeepers providing core platform services such as interpersonal communication services. The technology sector thrives on open standards and accessible APIs, and when these are shut down, innovation suffers.

What does this mean for businesses?

If interim measures are imposed by the Commission, Meta may be required to reverse its policy and reopen WhatsApp to third-party AI assistants whilst the Commission’s investigation continues. For companies using or developing AI solutions, the case highlights a broader business risk: dependence on access to major platforms. If AI tools rely on integrations with messaging services or other digital ecosystems, changes in API terms or access conditions can directly affect product functionality, scalability and growth strategy. While such restrictions may raise competition law concerns, regulatory intervention can also quickly reshape market dynamics.

For AI-driven businesses, this means that competition law, the DMA and evolving AI regulation are increasingly strategic imperatives, particularly where partnerships, integrations and data use are involved. In short, access and interoperability are no longer abstract regulatory debates, but instead they can materially determine how AI-driven services reach customers.

 

Sara

Laitila

Associate

Milja

Vuopio

Associate

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