Competition watchdog CCI has approached the NCLAT to seek clarity over its recent judgment in the WhatsApp case, and asked whether the order implies that user consent is needed in cases where data is used for advertising or for non-advertising purposes.

Earlier this month, the appellate tribunal granted partial relief to WhatsApp after setting aside a section of the order by the fair trade regulator that had banned the instant messaging app from sharing data with Meta Platforms for advertising purposes for five years.

However, the NCLAT had retained ₹213 crore penalty on the social media platform and upheld WhatsApp’s 2021 policy breach of Section 4(2)(a)(i) and 4(2)(c) as it constituted abuse of dominance by the instant messaging app and created a situation of market denial.

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