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According to Ofcom's statement, the available evidence suggests that the information received from Meta may not have been complete and accurate. The regulator conducted this review last year to assess competition in the business messaging sector, and the inconsistencies in Meta's submissions have prompted formal investigative action. A Meta spokesperson stated the company remains committed to its regulatory obligations and intends to fully cooperate with Ofcom during the investigation.
The EU investigation focuses on a policy change Meta implemented in October 2025 that prohibits AI providers from using WhatsApp's business API when AI is the primary service offered. These restrictions took immediate effect for new users and came into force on January 15, 2026, for existing providers. The policy change affects AI companies including OpenAI, Perplexity, Luzia, and Poke, which had built significant user bases through WhatsApp.
The European Commission expressed concern that the policy blocks third-party AI providers from reaching customers through WhatsApp whilst Meta's own Meta AI assistant remains accessible on the platform. European officials emphasized that AI markets are experiencing rapid growth in Europe, and regulators must ensure citizens and businesses can benefit from technological innovation whilst preventing dominant digital platforms from abusing their market power to exclude competitors.
If found guilty of antitrust violations, Meta could face fines of up to ten percent of its annual revenue, representing a substantial financial penalty for the technology giant.
The Italian authority is examining allegations that Meta has abused its dominant position, a severe infringement under Article 102 of the Treaty on the Functioning of the European Union. Meta subsequently exempted Italian phone numbers from the new terms of service in compliance with the regulatory order.
However, critics argue that Meta's own AI assistant does not face the same restrictions, raising questions about whether infrastructure concerns are the true motivation or whether the policy is designed to favour Meta's competitive position in the AI market. The policy explicitly allows businesses using AI chatbots incidentally, such as a travel agency running a bot to answer customer questions, to continue operating without restriction. The ban specifically targets AI model providers distributing general-purpose chatbots as their primary service.
The findings from these inquiries could have far-reaching implications for Meta's operations and regulatory standing not only in the United Kingdom and European Union but potentially in other jurisdictions monitoring these developments. The cases also highlight growing tensions between large technology platforms and regulators over market power, data transparency, and competitive access in emerging technology sectors.
As AI technology continues to advance and integrate into consumer services, the resolution of these investigations may establish important precedents for how platform operators can regulate third-party access, particularly when the platform owner competes directly with the services it hosts. The outcome could influence regulatory approaches to platform competition far beyond the messaging and AI sectors.
Meta Faces Triple Regulatory Threat Over WhatsApp Business Practices and AI Restrictions
January 23, 2026
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Meta Platforms is confronting mounting regulatory scrutiny across multiple jurisdictions, with investigations launched by the UK, European Union, and Italy examining the company's handling of WhatsApp business data and policies restricting rival AI chatbots from accessing the platform.
UK Investigation Into WhatsApp Data Submissions
British telecommunications regulator Ofcom announced on Friday, January 23, 2026, that it has opened an investigation into Meta over concerns that the company may have provided incomplete and inaccurate information about WhatsApp during a market review. The probe stems from Ofcom's examination of the wholesale market for business bulk SMS messages, which are widely used for appointment reminders, parcel delivery notifications, and similar consumer communications.According to Ofcom's statement, the available evidence suggests that the information received from Meta may not have been complete and accurate. The regulator conducted this review last year to assess competition in the business messaging sector, and the inconsistencies in Meta's submissions have prompted formal investigative action. A Meta spokesperson stated the company remains committed to its regulatory obligations and intends to fully cooperate with Ofcom during the investigation.
European Union Antitrust Probe
The UK investigation adds to significant regulatory pressure facing Meta across Europe. The European Commission launched a separate antitrust investigation in December 2025 examining whether Meta's policy restricting rival AI chatbots from accessing WhatsApp Business tools violates EU competition law. This probe covers the European Economic Area except Italy, which has initiated its own parallel investigation.The EU investigation focuses on a policy change Meta implemented in October 2025 that prohibits AI providers from using WhatsApp's business API when AI is the primary service offered. These restrictions took immediate effect for new users and came into force on January 15, 2026, for existing providers. The policy change affects AI companies including OpenAI, Perplexity, Luzia, and Poke, which had built significant user bases through WhatsApp.
The European Commission expressed concern that the policy blocks third-party AI providers from reaching customers through WhatsApp whilst Meta's own Meta AI assistant remains accessible on the platform. European officials emphasized that AI markets are experiencing rapid growth in Europe, and regulators must ensure citizens and businesses can benefit from technological innovation whilst preventing dominant digital platforms from abusing their market power to exclude competitors.
If found guilty of antitrust violations, Meta could face fines of up to ten percent of its annual revenue, representing a substantial financial penalty for the technology giant.
Italian Competition Authority Action
Italy's competition authority AGCM has been conducting its own investigation since July 2025 and issued an order on December 24, 2025, requiring Meta to suspend its chatbot restrictions in Italy whilst the probe continues. This interim measure represents a significant regulatory intervention, forcing Meta to halt enforcement of the October policy changes for Italian phone numbers pending the outcome of the full antitrust investigation.The Italian authority is examining allegations that Meta has abused its dominant position, a severe infringement under Article 102 of the Treaty on the Functioning of the European Union. Meta subsequently exempted Italian phone numbers from the new terms of service in compliance with the regulatory order.
Meta's Position and Market Impact
Meta has defended the policy change by citing infrastructure concerns and revenue considerations. The company stated that general-purpose AI chatbots generate high volumes of messages, media, and voice interactions that strain WhatsApp's systems, which were not designed to support such usage patterns. Meta also noted that these AI services generated massive message traffic without producing revenue through the WhatsApp Business Platform.However, critics argue that Meta's own AI assistant does not face the same restrictions, raising questions about whether infrastructure concerns are the true motivation or whether the policy is designed to favour Meta's competitive position in the AI market. The policy explicitly allows businesses using AI chatbots incidentally, such as a travel agency running a bot to answer customer questions, to continue operating without restriction. The ban specifically targets AI model providers distributing general-purpose chatbots as their primary service.
Digital Services Act Implications
WhatsApp faces additional regulatory scrutiny beyond these specific investigations. The platform is facing potential designation as a very large online platform under the EU's Digital Services Act after its Channels feature exceeded fifty one point seven million monthly active users in the first half of 2025. This designation would subject WhatsApp to more stringent regulatory requirements and oversight.Broader Context and Future Implications
The investigations represent a critical test case for how regulators will handle competition and market access issues in the rapidly evolving AI sector. With WhatsApp serving approximately two billion users globally, Meta's control over access to this massive user base gives the company significant power to shape the competitive landscape for AI services.The findings from these inquiries could have far-reaching implications for Meta's operations and regulatory standing not only in the United Kingdom and European Union but potentially in other jurisdictions monitoring these developments. The cases also highlight growing tensions between large technology platforms and regulators over market power, data transparency, and competitive access in emerging technology sectors.
As AI technology continues to advance and integrate into consumer services, the resolution of these investigations may establish important precedents for how platform operators can regulate third-party access, particularly when the platform owner competes directly with the services it hosts. The outcome could influence regulatory approaches to platform competition far beyond the messaging and AI sectors.
Published January 23, 2026 at 2:35pm