Notícias
DECISION
CADE upholds interim measure against WhatsApp
On 4 March, the Administrative Council for Economic Defense (CADE) unanimously dismissed the appeal filed by WhatsApp and Facebook Brazil, upholding the interim measure imposed by the Office of the Superintendent General (SG). The measure suspends new WhatsApp Business terms of use that would prohibit artificial intelligence (AI) providers and developers from accessing or using the app's ecosystem to offer services.
The case started in October 2025, after WhatsApp announced the adoption of the new terms of use, as of 15 January 2026. As a consequence, in the following month, Luzia and Zapia requested CADE to grant an interim measure. The representatives argued that the new rules could close the Brazilian market for artificial intelligence services focused on instant messaging, considering the relevance and widespread use of WhatsApp in Brazil.
Therefore, in January 2026, the Office of the Superintendent General at CADE launched an administrative enquiry to investigate the conduct, and granted an interim measure to suspend the application of the new terms of use, preventing WhatsApp from restricting AI providers and developers’ access to its ecosystem.
Appeal
WhatsApp and Facebook Brazil appealed the decision by the SG. The companies argued that chatbots could overload the app's infrastructure and that AI developers would not depend on WhatsApp’s ecosystem to compete in the market for AI solutions for instant messaging.
As per the provisions of Article 213 of the Statutes of CADE, the Appeal is an instrument that the parties may submit to CADE on decisions by the Superintendent General and the rapporteur related to the enforcement, change, or revocation of interim measures.
Decision
After analysing the case, the Tribunal of CADE concluded that there are sufficient grounds to uphold the interim measure. According to Commissioner Carlos Jacques, rapporteur of the case, there is evidence of legal credibility, considering the relevance of WhatsApp in the Brazilian instant messaging services market.
The commissioners also concluded that the total exclusion of third party AI tools would not be proportionate, and that the enforcement of new rules prevents generative AI solutions from operating in the market, harming competition.
Furthermore, the Tribunal assessed that the interim measure merely maintains the status quo prior to the implementation of the new terms of use, without causing serious or imminent harm to WhatsApp or Facebook.
In addition, the decision was also considered to be in line with initiatives adopted in other jurisdictions, such as the analysis conducted by the Autorità Garante della Concorrenza e del Mercato (AGCM), in Italy, as well as ongoing investigations by the European Commission.
Both the Appeal no. 08700.000534/2026-06 and the Administrative Enquiry no. 08700.012397/2025-63 are available for consultation.