BRASÍLIA, April 23, 2026 — Brazil’s Conselho Administrativo de Defesa Econômica (CADE) has upheld a daily fine against WhatsApp and Meta Platforms for failing to comply with a precautionary order related to access for artificial-intelligence chatbot providers.
The authority’s tribunal unanimously confirmed that the companies must continue paying a daily fine of 250,000 reais (about $50,000) until they fully comply with the order.
Alleged breach of interim measure
The decision follows a finding that the companies had not restored the competitive conditions required by CADE after the authority imposed a preventive measure governing the use of WhatsApp Business by AI chatbot providers.
According to the ruling, Meta introduced new terms for WhatsApp Business allowing charges for messages sent by AI chatbots to Brazilian users while the preventive order was still in force.
The authority said the changes could recreate exclusionary effects similar to those caused by earlier contractual clauses that had already been suspended.
Restoring previous competitive conditions
The tribunal had previously confirmed that chatbot providers must be allowed access to WhatsApp under the interim measure.
Case rapporteur Carlos Jacques said compliance with the order requires more than simply suspending the new terms of service. Companies must also restore the competitive environment that existed before the changes were introduced, enabling affected chatbot providers to resume their activities.
Under the ruling, this means allowing AI chatbot services to operate on WhatsApp without additional charges, since that was the arrangement in place when the preventive measure was first imposed.
Possible barrier to entry
CADE’s investigative arm, the Superintendence-General, argued that the new charges could effectively act as a barrier to entry or expansion for AI chatbot providers, particularly for smaller or newer firms.
In his opinion, Jacques noted that imposing economically burdensome conditions in digital markets can produce effects similar to a constructive refusal to deal, potentially excluding competitors even without formally denying access.
Companies’ defence
Meta and WhatsApp argued that the preventive measure did not prohibit charging for the use of the WhatsApp Business API, and that its purpose was only to prevent the unilateral exclusion of AI chatbot providers from the platform.
The companies also maintained that the fees were commercially reasonable and consistent with practices used by other digital platforms.
The daily penalty will remain in force until the authority confirms that the companies have fully complied with the tribunal’s order.
