According to the EU, the tech giant’s new AI policy on WhatsApp may harm competition in the European Economic Area.
The EU has today (4 December) opened an antitrust investigation into Meta over its policy regarding AI providers’ access to WhatsApp in the region’s latest attempt to rein in Big Tech.
According to the European Commission, the investigation will assess whether Meta’s new policy – the WhatsApp Business Solution Terms – may breach EU competition rules. The concern stems from the fact that under the new policy, competing AI providers may be blocked from reaching their customers through WhatsApp – while the tech giant’s Meta AI system would remain accessible on the platform.
The policy in question, which was announced in October 2025, prohibits AI providers from using a tool allowing businesses to communicate with customers via WhatsApp when AI is the primary service offered.
While businesses may still use AI tools for “ancillary or support functions”, such as automated customer support offered via WhatsApp, the Commission is concerned that the new policy may prevent third-party AI providers from offering their services through WhatsApp in the European Economic Area (EEA).
For AI providers already present on WhatsApp, the new policy will apply on 15 January 2026, while for AI providers new to WhatsApp the update has already been applicable since 15 October 2025.
The new probe falls under traditional antitrust laws rather than the Digital Markets Act – under which Meta was one of the first Big Tech companies to receive a penalty for breaching the regulation.
Earlier today, the Financial Times reported that the EU was planning to begin a new probe into Meta over its AI integrations with WhatsApp after speaking with two reported EU officials.
According to the EU, the investigation will cover the EEA except for Italy, in order to avoid an overlap with an ongoing investigation from the country’s competition watchdog.
Meta is already under investigation by the Italian Competition Authority over its WhatsApp AI integration, after the authority launched a probe in July over Meta’s decision to pre-install Meta AI on the app – arguing that the tech giant was abusing its dominant position in the market for consumer communications apps.
“By combining Meta AI with WhatsApp, Meta appears capable of channelling its customer base into the emerging [AI] market, not through merit-based competition, but by ‘imposing’ the availability of the two distinct services upon users, potentially harming competitors,” the Italian authority said at the time.
The watchdog broadened the probe late last month with respect to the new business policy, and also opened a procedure for the possible adoption of “interim measures” in relation to the policy and its integration of Meta AI into the messaging app.
Meta’s recent legal and regulatory battles have seen a number of ups and downs.
Last month, a Madrid court ordered the company to pay €479m to 87 Spanish digital media outlets and news agencies for breaching the EU General Data Protection Regulation.
Just before the Spanish ruling, Meta won a key court ruling against the US Federal Trade Commission after a US court found that the company did not violate antitrust law by purchasing Instagram and WhatsApp.
Meanwhile, in October, an EU preliminary ruling found that Meta does not provide Instagram and Facebook users with simple mechanisms to notify illegal content or challenge content moderation decisions.
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Updated, 10.45am, 4 December 2025: This article was amended to include up-to-date information regarding the EU’s investigation into Meta, after the European Commission announced the details of the probe shortly after publication.
