Commission sends Meta fresh charge sheet on possible interim measures to reverse exclusion of third-party AI assistants from WhatsApp
The European Commission has sent a Supplementary Statement of Objections to Meta setting out the Commission's intention to order Meta to reinstate third-party AI assistants' access to WhatsApp under the same conditions as before its policy change of 15 October 2025. This is despite modifications announced by Meta on 4 March 2026.
This is a further step in the Commission's interim measures procedure in the context of its investigation into a potential abuse of dominant position by Meta through restricting access of third-party AI assistants to its messaging app, WhatsApp. It follows a Statement of Objections sent on 9 February 2026, in which the Commission set out its preliminary view that Meta breached EU antitrust rules by excluding third-party assistants from accessing and interacting with users on WhatsApp.
In today's Supplementary Statement of Objections, the Commission assessed Meta's decision to re-instate access to WhatsApp for third-party AI assistants subject to the payment of a fee. The Commission has preliminarily found that this policy is in effect equivalent to the previous access ban. Meta's conduct risks blocking competitors from entering or expanding in the rapidly growing market for AI assistants.
Therefore, the Commission intends to impose interim measures to prevent these policy changes from causing serious and irreparable harm on the market, subject to Meta's reply and rights of defence. The interim measures would remain in place until the Commission finishes its investigation and reaches a final decision on Meta's conduct.
In a separate opening decision, in cooperation with the Italian competition authority, the Commission has today expanded its investigation also to Italy and therefore the findings of the Commission will now cover the whole of the EEA. Italy was previously excluded from the Commission's investigation, as the Italian competition authority had opened its own investigation on the matter.
The Commission's investigation
On 15 October 2025, Meta announced an update of its WhatsApp Business Solution Terms, effectively banning third-party general-purpose AI assistants from the application as of 15 January 2026.
On 4 December 2025, the Commission opened formal proceedings in the context of this ongoing investigation and on 9 February 2026 sent a Statement of Objections notifying Meta that its conduct appears at first sight to be in breach of EU competition rules and of the Commission's intention to impose interim measures. On 2 March 2026, Meta submitted its response to the Statement of Objections.
On 4 March 2026, Meta published a revised policy, reversing the ban but introducing a pricing framework applicable to third-party general purpose AI assistants.
In today's Supplementary Statement of Objections, the Commission notified Meta that the revised policy seems to have the same effect of excluding third-party AI assistants from WhatsApp and thus appears at first sight to be in breach of EU competition rules. To prevent serious and irreparable harm to competition, the Commission intends to order Meta to reinstate access for third-party AI assistants under the same conditions as before 15 October 2025, until it reaches a final decision on Meta's conduct.
The sending of this Supplementary Statement of Objections on interim measures does not prejudge the outcome of the investigation. Meta now has the possibility to reply to the Commission's concerns.
Background
Meta, headquartered in the US, is a multinational technology company. Its flagship products are its social networks, such as Facebook and Instagram, and consumer communication applications, such as WhatsApp and Messenger. It also operates online advertising services and virtual and augmented reality products. Meta provides a general-purpose AI assistant, Meta AI, and recently acquired another similar product, Manus AI.
Article 102 TFEU and Article 54 of the European Economic Area ('EEA') Agreement prohibit the abuse of a dominant position that may affect trade and prevent or restrict competition within the Single Market. The implementation of Article 102 TFEU is defined in Regulation 1/2003.
Pursuant to Article 8(1) Regulation 1/2003, interim measures may be imposed if, at first sight, there is an infringement of competition law rules, as well as an urgent need for protective measures due to the risk of serious and irreparable harm to competition.
A Supplementary Statement of Objections is a formal step in the Commission's investigations into the necessity of imposing interim measures. The Commission informs the parties concerned of its preliminary findings in writing. The parties can then examine the documents in the Commission's investigation file, reply in writing and request an oral hearing to present their views on the case before representatives of the Commission and national competition authorities.
If the Commission concludes, after the parties have exercised their rights of defence, that the conditions for interim measures are met, it can adopt a decision imposing such measures. The adoption of an interim measures' decision does not prejudge the final findings of the Commission on the substance of the case.
For more information
More information will be made available under the case number AT.41034 in the public case register on the Commission's competition website.