European Commission Targets Meta’s WhatsApp AI Policy with Interim Action

close up photo of a phone application

Brussels, February 9, 2026 — The European Commission (EC) has notified Meta of its preliminary view that the company breached EU antitrust rules by excluding third-party artificial intelligence assistants from WhatsApp, a move that could significantly distort competition in the fast-growing market for general-purpose AI tools.

In a Statement of Objections sent to Meta, the EC said it is considering imposing interim measures to prevent the policy change from causing serious and irreparable harm to competition, subject to Meta’s reply and rights of defence.

Meta operates Facebook and Instagram, consumer communication services such as WhatsApp and Messenger, as well as online advertising and virtual and augmented reality products. It also offers its own general-purpose AI assistant, Meta AI. On October 15, 2025, Meta announced an update to its WhatsApp Business Solution Terms that effectively banned third-party AI assistants from accessing and interacting with users on the platform. As a result, since January 15, 2026, Meta AI has been the only AI assistant available on WhatsApp.

According to the authority’s preliminary assessment, Meta is likely to hold a dominant position in the European Economic Area market for consumer communication applications, in particular through WhatsApp. The Commission further considers that Meta may be abusing this position by refusing access to WhatsApp to other businesses, including competing AI assistant providers.

At this stage of the investigation, the EC views WhatsApp as a key entry point enabling general-purpose AI assistants to reach consumers. By excluding rivals, Meta’s conduct risks raising barriers to entry and expansion, and could irreversibly marginalise smaller competitors in a rapidly developing market.

The Commission also identified an urgent need for protective measures. It warned that Meta’s policy change risks causing serious and irreparable harm to competition if left unaddressed while the investigation is ongoing. The sending of a Statement of Objections on interim measures does not prejudge the final outcome of the case.

“Artificial intelligence is bringing incredible innovations to consumers, and one of these is the emerging market of AI assistants,” said Teresa Ribera, Executive Vice-President for Clean, Just and Competitive Transition. “We must protect effective competition in this vibrant field, which means we cannot allow dominant tech companies to illegally leverage their dominance to give themselves an unfair advantage. AI markets are developing at rapid pace, so we also need to be swift in our action.”

Formal proceedings in the case were opened on December 4, 2025. The Statement of Objections covers the European Economic Area except Italy, where the Italian competition authority imposed interim measures on Meta in December 2025.

If, after Meta has exercised its rights of defence, the Commission concludes that the conditions for interim measures are met, it may adopt a decision imposing such measures under EU competition rules while the substantive investigation continues.

Source: https://ec.europa.eu/commission/presscorner/detail/en/ip_26_310

Competition Today

FREE
VIEW