Introduction

TL;DR

Italy’s competition authority (AGCM) ordered Meta to suspend WhatsApp Business Solution Terms that could exclude rival general-purpose AI chatbots from WhatsApp. Meta said it will appeal, citing infrastructure strain. The European Commission opened a parallel antitrust investigation for the rest of the EEA (Italy excluded).

Context

This WhatsApp/Meta/AGCM case highlights how platform terms and API access can function as competition levers in fast-moving AI chatbot markets.

Why it matters: When distribution is concentrated in dominant platforms, “policy updates” can reshape AI markets as much as model improvements.

1) What happened

1.1 The AGCM order (interim measure)

AGCM required Meta to immediately suspend the contractual terms suspected of shutting rival AI chatbot providers out of WhatsApp, viewing them as potentially abusive under dominance concerns (Article 102 TFEU framing appears in AGCM materials and coverage). Meta called the decision flawed and indicated it would appeal.

Why it matters: Interim measures are typically used when regulators believe competition harm could become irreversible before a final decision.

2) Timeline and scope

2.1 Terms update and effective dates

Coverage and EU materials consistently describe: a policy announced in October 2025, implemented via updated WhatsApp business/API terms, with existing AI providers facing full effect on 2026-01-15, while new entrants could be affected earlier.

Why it matters: Staggered enforcement dates change operational risk for AI providers and enterprise customers relying on WhatsApp as a channel.

3) The competition theory: access, default placement, and exclusion

3.1 Why regulators care

The European Commission states concern that the policy may prevent third-party AI providers from offering services via WhatsApp in the EEA, while Meta AI remains accessible on the platform.

Why it matters: In AI, market power often flows from distribution and defaults - terms and access controls can effectively become entry barriers.

4) Engineering lens: “not an app store” vs “API as essential distribution”

4.1 Meta’s rationale

Meta/WhatsApp argued the business tools/API were not designed for large-scale chatbot distribution and that rival chatbot growth strained systems.

4.2 A one-diagram view

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flowchart LR
  User --> WhatsApp
  WhatsApp --> WBS[WhatsApp Business Solution / Tools]
  WBS -->|Allowed| MetaAI[Meta AI]
  WBS -->|Allowed| ThirdParty[Third-party general AI chatbots]
  WBS -->|Terms restrict| Block[Blocked access]
  Regulators -->|Competition scrutiny| WBS

Why it matters: Policy enforcement is implemented in code (authz, allowlists, rate limits, category rules). That’s where competition risk becomes real.

5) Practical checklist for builders

5.1 For platform/API owners

  • Document objective constraints (security, abuse, capacity) as measurable guardrails.
  • Avoid “third-party blocked / own service stays” optics without a clear, non-discriminatory rationale.
  • Improve transparency around terms, enforcement, and viable alternatives.

5.2 For AI providers

  • Diversify channels beyond a single dominant platform.
  • Monitor terms changes as first-class operational risk.
  • Prepare user migration playbooks aligned to effective dates.

Why it matters: AI distribution risk is now a core part of product resilience - treat “Terms” like a dependency that can break.

Conclusion

  • Italy’s AGCM ordered Meta to suspend WhatsApp terms that could exclude rival AI chatbots (interim measure).
  • The European Commission opened a parallel antitrust investigation for the rest of the EEA (Italy excluded).
  • The case underlines how platform terms and API access shape AI competition as much as model capabilities.

Summary

  • Platform terms can function as market gates for AI services.
  • Interim measures signal regulators’ concern about irreversible harm.
  • Expect more multi-jurisdiction competition scrutiny where AI is integrated into dominant platforms.

References

  • (Italy watchdog orders Meta to halt WhatsApp terms barring rival AI chatbots, 2025-12-24)[https://www.reuters.com/sustainability/boards-policy-regulation/italy-watchdog-orders-meta-halt-whatsapp-terms-barring-rival-ai-chatbots-2025-12-24/]
  • (Italy tells Meta to suspend its policy that bans rival AI chatbots from WhatsApp, 2025-12-24)[https://techcrunch.com/2025/12/24/italy-tells-meta-to-suspend-its-policy-that-bans-rival-ai-chatbots-from-whatsapp/]
  • (A576 - Meta AI: AGCM press release, 2025-12-24)[https://www.agcm.it/Media-e-Comunicazione/comunicati-stampa/]
  • (Interim measures signed document, 2025-12)[https://www.agcm.it/dotcmsdoc/allegati-news/A576_adoz%20misure%20cautelari_omi_signed_signed.pdf]
  • (Commission opens antitrust investigation into Meta’s new policy, 2025-12-03)[https://ec.europa.eu/commission/presscorner/detail/en/ip_25_2896]
  • (Commission opens antitrust investigation - Digital Strategy, 2025-12-04)[https://digital-strategy.ec.europa.eu/en/news/commission-opens-antitrust-investigation-metas-new-policy-regarding-ai-providers-access-whatsapp]
  • (WhatsApp faces European antitrust investigation over artificial intelligence, 2025-12)[https://apnews.com/article/d27e518864461f2d33388bc38b4df724]
  • (Italy competition watchdog broadens probe, 2025-11-26)[https://www.reuters.com/sustainability/boards-policy-regulation/italy-competition-watchdog-broadens-probe-into-meta-over-ai-tools-whatsapp-2025-11-26/]