The Brazilian Administrative Council for Economic Defense (Cade) has maintained a daily fine of 250,000 reais (€40,000) against WhatsApp and Meta’s Brazilian subsidiary for non-compliance with an antitrust ruling.
The case dates back to October 2025, when WhatsApp announced that, starting January 15, 2026, new terms of use for WhatsApp Business would prevent AI providers and developers from accessing or using the platform to offer services.
The administrative inquiry was launched at the request of Factoría Elcano (developer of AI Luzia) and Brainlogic (owner of Zapia), which sought a preventive measure from Cade to protect competition.
On March 4, 2026, the Cade Tribunal suspended the implementation of the new terms and required the restoration of the previous conditions. The court emphasized that mere inaction was insufficient; WhatsApp had to take concrete measures to allow previously excluded AI chatbots to resume operations.
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On March 5, Meta informed Cade that it would comply but announced a pricing model for AI chatbot messages sent to Brazilian users, charging a fee equivalent to marketing messages. Meta argued the pricing was economically rational and that there was no obligation to provide free platform access. WhatsApp and Meta also claimed that AI chatbot usage could overload the system and that developers could compete without relying on WhatsApp’s ecosystem.
Cade rejected these arguments, concluding that the “chatbot pricing” model violated the preventive measure, as it:
- Substantially altered platform access conditions, contradicting the required restoration of the status quo ante.
- Produced effects equivalent to those of the previously suspended provisions.
As a result, Cade confirmed a daily fine of 250,000 reais (€40,000) until Meta and WhatsApp fully comply with the preventive measure.
