Facebook, WhatsApp Gets More Time to Respond to CCI Notices

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The Delhi High Court Monday prolonged the time for submitting replies by Facebook and WhatsApp to 2 notices issued to them by the Competition Commission of India (CCI) which has ordered a probe into the moment messaging app’s new privateness coverage.

WhatsApp and Facebook have challenged the CCI’s June four and eight, 2021, notices respectively, asking them to furnish sure info for the aim of inquiry performed by it.

A bench of Chief Justice D N Patel and Justice Jyoti Singh famous that the Data Protection invoice is but to be finalised and, subsequently, adjourned the proceedings to March 30.

The courtroom was listening to the appeals of Facebook and WhatsApp difficult its single-judge order dismissing their pleas towards the probe ordered by the CCI into WhatsApp’s new privateness coverage.

“Till then the time to file replies to the June 4 and June 8, last year, notices issued by CCI to the appellants (Facebook and WhatsApp) is extended,” the bench mentioned.

The courtroom had earlier granted time to the social media platforms to file replies to notices and thereafter, the time was additional prolonged.

Senior advocate Harish Salve, representing WhatsApp, submitted that the Data Protection invoice was tabled within the Parliament and the courtroom had earlier granted time to file replies to the notices until October 11, 2021, however it couldn’t be prolonged thereafter because the matter was not taken up.

Additional Solicitor General Aman Lekhi, showing for CCI, contended that Data Protection invoice is “irrelevant” to this controversy and that the case doesn’t cope with ‘privateness’ however with the provisions of Competition Act regarding abuse of dominant place and inquiry into sure agreements and dominant place of an enterprise.

Meanwhile, the counsel for Facebook India submitted that he has filed an software searching for to be impleaded as a celebration to the case. However, the courtroom requested him to file a recent petition.

The case pertains to the appeals of Facebook and WhatsApp towards a single decide order dismissing their pleas towards the probe CCI ordered into the moment messaging app’s new privateness coverage.

The division bench of the excessive courtroom had on May 6, 2021, issued notices on the appeals and requested the Centre to reply to it.

The single decide on April 22 final yr, had mentioned although it will have been “prudent” for the CCI to await the end result of petitions within the Supreme Court and the Delhi High Court towards WhatsApp’s new privateness coverage, not doing so wouldn’t make the regulator’s order “perverse” or “wanting of jurisdiction”.

The courtroom had mentioned it noticed no advantage within the petitions of Facebook and WhatsApp to interdict the investigation directed by the CCI.

The CCI had contended earlier than the one decide that it was not inspecting the alleged violation of people’ privateness which was being regarded into by the Supreme Court.

It had argued earlier than the courtroom that the brand new privateness coverage of WhatsApp would result in extreme knowledge assortment and “stalking” of customers for focused promoting to usher in extra customers and is subsequently an alleged abuse of dominant place.

WhatsApp and Facebook had challenged the CCI’s March 24, 2021, order directing a probe into the brand new privateness coverage.

In January final yr, the CCI by itself determined to look into WhatsApp’s new privateness coverage on the premise of reports reviews relating to the identical.


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