Brasília, March 4, 2026 — The tribunal of Brazil’s Administrative Council for Economic Defense (CADE) has unanimously rejected an appeal by WhatsApp and Facebook Brasil and upheld a preventive measure suspending new WhatsApp Business terms of use that would restrict artificial intelligence developers from accessing the platform’s ecosystem.
The measure was originally imposed by CADE’s General Superintendence (SG/CADE), which also opened an administrative inquiry into the conduct.
The case began in October 2025, when WhatsApp announced new terms of use for WhatsApp Business that would prohibit AI providers and developers from accessing or using its ecosystem to offer services, with the changes scheduled to take effect on January 15, 2026. In November 2025, companies Luzia and Zapia filed a complaint with CADE, arguing that the rules could effectively close the Brazilian market for artificial intelligence solutions related to instant messaging, given WhatsApp’s widespread use in the country.
In January 2026, SG/CADE launched an administrative investigation and imposed a preventive measure suspending the application of the new terms, preventing WhatsApp from restricting access to its ecosystem for AI developers.
WhatsApp and Facebook Brasil appealed the decision, arguing that chatbot activity could overload the platform’s infrastructure and that AI developers do not depend on WhatsApp’s ecosystem to compete in the market for artificial intelligence messaging solutions.
In its ruling, the CADE tribunal concluded that the conditions required to maintain the preventive measure were present. Reporting Commissioner Carlos Jacques said there were indications of legal plausibility given WhatsApp’s importance in Brazil’s instant messaging services market.
The tribunal also found that the total exclusion of third-party AI tools would not be proportionate and that the implementation of the new rules could prevent generative AI services from operating in the market, creating a risk of harm to competition.
According to CADE, the preventive measure simply preserves the status quo prior to the introduction of the new terms and does not cause serious or imminent harm to WhatsApp or Facebook.
The authority also noted that similar issues are being examined in other jurisdictions, including by Italy’s competition authority and in ongoing investigations by the European Commission.
