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Supreme Court Directs WhatsApp on Data Consent; CCI's ₹213.14 Cr Penalty Upheld by NCLAT Under Competition Act

Target:UPSC GS-IIMPSCTeachingSSC GAPrelims HighMains HighStatic GK Link
24 Feb 2026
~2 min
Source: Indian Express
Key Data:₹213.14 crore2021
Bodies:Supreme CourtCompetition Commission of India (CCI)National Company Law Appellate Tribunal (NCLAT)Delhi High Court
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What This Article Covers

1.The Supreme Court will hear WhatsApp's appeal against a ₹213.14 crore penalty imposed by CCI for its mandatory 2021 privacy policy, which forced data sharing with Meta.

2.NCLAT upheld the penalty for 'abuse of dominance' under Section 4 of the Competition Act but removed the finding of 'leveraging' under Section 4(2)(e).

3.The case is a precedent for applying competition law to 'zero-price' digital markets, where user privacy and data control are seen as quality parameters.

The Big Picture
Prelims · HighMains · High

This landmark case establishes that competition law (Competition Act, 2002) can scrutinize privacy policies of dominant digital platforms like WhatsApp, treating user data as a 'non-price' parameter of competition. The Supreme Court is set to examine a key legal question after the NCLAT upheld a ₹213.14 crore penalty but set aside the finding of unlawful 'leveraging'.

Exam Lens

Quick Exam Facts From News

CCI Penalty Amount₹213.14 crore
Key Legal SectionSection 4, Competition Act 2002
Appellate TribunalNational Company Law Appellate Tribunal (NCLAT)
Policy Update Year2021

1-Minute Revision

  • ›CCI Penalty Amount: ₹213.14 crore
  • ›Key Legal Section: Section 4, Competition Act 2002
  • ›Target this Data: ₹213.14 crore penalty imposed by CCI.
  • ›Target this Nodal Body: Competition Commission of India (CCI).
  • ›Target this Legal Point: Section 4 of the Competition Act, 2002 (Abuse of Dominant Position).

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Q1Static LinkageEasy

Which statutory body imposed the ₹213.14 crore penalty on WhatsApp for its 2021 privacy policy?

Q2Statement-basedHard

Consider the following statements regarding the WhatsApp data sharing case:

1. The National Company Law Appellate Tribunal (NCLAT) upheld the Competition Commission of India's penalty of ₹213.14 crore on WhatsApp.

2. NCLAT struck down the CCI's finding that WhatsApp had abused its dominant position under Section 4 of the Competition Act.

3. The Supreme Court bench hearing the case is led by Chief Justice of India Surya Kant.

Which of the statements given above is/are correct?

Q3Data-centricMedium

What was the amount of the penalty imposed by the Competition Commission of India (CCI) on WhatsApp in this case?

Q4Application/ImpactMedium

What was the primary legal rationale used by CCI and NCLAT to apply competition law to WhatsApp's privacy policy?

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WhatsApp complies with directions…, Current Affairs for Exams