The plenary of the Administrative Council for Economic Defense (Cade) unanimously maintained the infraction notice and the application of the daily fine against Meta, in the case that addresses the use of chatbots of artificial intelligence (AI) on WhastApp.
In January of this year, Cade’s SG adopted a preventive measure and launched an administrative inquiry to determine whether Meta was abusing its dominant position to favor its own artificial intelligence (Meta AI) and exclude competitors. The decisions came after a complaint filed in September 2025 by the chatbot Luzia and Zapia, who alleged alleged violations of the economic order by Meta.
In mid-March, the SG verified non-compliance with the preventive measure when observing that Meta had published a new version of the Whatsapp Business Solution Termswith provisions capable of, even indirectly, producing total or partial exclusionary effects.
The defense of Facebook and WhatsApp Brasil requested the annulment of the infraction notice issued by Cade’s General Superintendence (SG) and the removal of the daily fine, in the amount of R$ 250 thousand, so that this discussion can effectively take place within the scope of the administrative investigation.
“Facebook Brazil and WhatsApp in no way dispute the obligation to comply with the preventive measure. What is disputed is the characterization made by the SG that the pricing is a violation of this measure”, said lawyer Marcela Mattiuzzo. “This is an economically rational, commercially justified price, consistent with business models that were set for the API, and with which other companies that use the API effectively pay for the service, and which, in addition, is supported by market benchmarking”, she added, stating that the court itself has already stated that the pricing should be discussed in the context of an investigation.
The case’s rapporteur, counselor Carlos Jacques, voted to reject the objection presented, with the consequent full maintenance of the infraction notice, as well as for the continued incidence of the fixed daily fine until effective proof of full compliance with the preventive measure.
The vote, accompanied by the other advisors, also recommended that the General Superintendency, together with Cade’s International Advisory, promote international cooperation with other jurisdictions that are investigating the same conduct, and report on the decisions made in Brazil.
The rapporteur stressed that SG’s argument concerns Meta’s role as a monopolist in the primary messaging market, harming the performance of rivals in the secondary market for AI tools by chatbots.
“Thus, the change to the terms of use and, mainly, the imposition of fees for the use of the API WhatsApp Business for AI chatbots, it would be a form of refusal to hire and non-compliance with the imposed preventive measure”, maintained advisor Carlos Jacques.
“Thus, the SG considered that the current terms of WhatsApp Business, including the pricing for messages sent by AI chatbots, would not be complying with the legal command of the preventive measure established by the court, which provided for the return to status quo prior to the entry into force of the new terms and conditions”, he argued.
Citing violations of European Union competition rules by Meta in excluding chatbot of AI, the rapporteur identified “international convergence in the understanding that the imposition of onerous access under the terms proposed by the Goal means, in practice, an increase in barriers to entry or maintenance not offered”.
“Thus, in the Brazilian case, there is a denaturalization of the spirit of the preventive measure confirmed by the court. Its non-compliance by the defendants, therefore, is evident”, pointed out the counselor.
Source: www.noticiasaominuto.com.br
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