My article published in Competition Law Reports - July 2017.
WhatsApp is the most used consumer communication apps. In a case, presented by one of the user of the WhatsApp before the CCI, alleged that WhatsApp has infracted the provisions of Section 4 of the Competition Act, 2002 and is indulging in predatory pricing. Further the conduct of WhatsApp is in breach of the Information Technology Act, 2000 and the right to privacy.
The CCI opined that although WhatsApp is in a dominant position in the relevant market, however, the allegations of predatory pricing, have no substance and the WhatsApp has not contravened any of the provisions of Section 4 of the Competition Act, 2002 hence no prima facie case of contravention of the provisions of Section 4 of the Act is made out against the WhatsApp. The CCI further opined that the allegations of breach of the Information Technology Act, 2000 do not fall within the purview of examination under the provisions of the Competition Act.2002.