The division bench of Justice Satish Chandra Sharma and Justice Subramonium Prasad had reserved the order on July 25, 2022, after both sides completed their submissions in the case. On Thursday, while dismissing both the appeals, which were separately filed by Whatsapp and Facebook, the bench said it will not extend the stay granted on notices CCI had issued to the messaging apps.
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Facebook and Whatsapp plea
In July 2021, Whatsapp told the court that it has “voluntarily agreed to put on hold” the policy till a data protection law is enacted in the country. It said users will not be compelled to accept the policy.
Whatsapp in its argument had said as the Supreme Court and High Court are hearing the matter, CCI should not order another probe. Senior advocate Harish Salve, who appeared from Whatsapp, and former Attorney General Mukul Rohatgi, who appeared for Meta, said “CCI proceedings must be kept in abeyance as the matter is pending before the Supreme Court and High Court”.
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Rohatgi even said that as Facebook is the formal owner of Whatsapp and the platform is said to share its data with Facebook (parent company), that doesn't mean it is a necessary party to investigate.
CCI in its filing has alleged Whatsapp of “excessive data collection” and “unauthorised sharing of customers’ data”. CCI also said that WhatsApp and its parents' company Facebook are “abusing their dominant position”
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