The probe focuses on whether changes to WhatsApp’s policies — particularly those affecting the distribution of AI-powered chatbots and access to its business API — may have infringed competition law.
Brazil’s competition authority demanded information from major users of Meta’s WhatsApp Business API as part of an ongoing administrative inquiry into the company’s practices.
The probe focuses on whether changes to WhatsApp’s policies — particularly those affecting the distribution of AI-powered chatbots and access to its business API — may have infringed competition law.
As part of the investigation, the Superintendence of the Administrative Council for Economic Defense (CADE) sent detailed questionnaires on Monday to a wide range of WhatsApp Business API clients across sectors including telecommunications, banking, airlines, e-commerce, retail, food delivery, mobility platforms and healthcare.
Recipients include companies such as Uber, iFood, Rappi, 99, Amazon, Mercado Livre, Nubank, Itaú, Latam Airlines, Gol and telecoms group Claro, with CADE sending questionnaires to a total of 20 companies.
The Superintendence is seeking to map how companies use WhatsApp relative to other customer communication channels. Clients are asked to describe all channels they rely on — including phone calls, SMS, email, proprietary apps, webchat and social networks — and to explain the specific purpose of each, such as customer service, sales, marketing, billing or technical support.
Companies are asked to indicate whether WhatsApp is their main, complementary or secondary communication channel, and to assess its strategic importance for customer acquisition, retention and engagement. CADE is also collecting data on costs, contractual terms and switching conditions associated with the WhatsApp Business API to evaluate possible dependency or lock-in effects.
The authority is also gathering granular data on the economic conditions surrounding the WhatsApp Business API. Companies are required to detail the main costs associated with using the API and compare them with the costs of alternative communication channels. They must also disclose the main commercial terms of their WhatsApp contracts, including start and end dates.
Companies were asked whether they use AI solutions on WhatsApp, which vendors supply those tools, and under what commercial arrangements. For each AI provider, companies must report contract dates and key terms.
The authority has given companies until April 20 to respond. Failure to provide the requested information may result in daily fines.
Source: MLex
