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Urgent Enforcement Amended Final

European Commission notifies Meta over AI assistants exclusion from WhatsApp

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Filed February 9th, 2026
Detected February 11th, 2026
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Summary

The European Commission has sent a Statement of Objections to Meta, alleging a breach of EU antitrust rules by excluding third-party AI assistants from WhatsApp. The Commission intends to impose interim measures to prevent serious and irreparable harm to the market.

What changed

The European Commission has issued a Statement of Objections to Meta, asserting that the company has likely abused its dominant position in the market for consumer communication applications through WhatsApp by excluding third-party AI assistants. This action follows Meta's policy update on October 15, 2025, which effectively banned competitors' AI assistants from WhatsApp since January 15, 2026, leaving only Meta's own AI assistant available. The Commission views this as a potential violation of EU competition rules (Article 102 TFEU and Article 54 of the EEA Agreement) and is considering imposing interim measures to prevent irreparable harm to competition.

Meta must now respond to the Commission's concerns, and its rights of defence are preserved. The Commission's investigation is ongoing, and this Statement of Objections does not prejudge the final outcome. The urgency stems from the risk of serious and irreparable damage to the market for AI assistants, potentially raising barriers to entry and marginalizing smaller competitors. The Commission is seeking to impose interim measures to maintain a competitive market landscape while the investigation proceeds. The Italian Competition Authority has already imposed similar interim measures on Meta in December 2025.

What to do next

  1. Review Meta's response to the Statement of Objections.
  2. Monitor the Commission's decision on interim measures.
  3. Assess potential impact on AI assistant market access and competition.

Penalties

The Commission is considering imposing interim measures to prevent serious and irreparable harm. Specific penalties are not detailed in this statement of objections but are subject to the ongoing investigation.

Source document (simplified)

EN Search Available languages: Press release Feb 9, 2026 Brussels 3 min read

Commission notifies Meta of possible interim measures to reverse exclusion of third-party AI assistants from WhatsApp

The European Commission has sent a Statement of Objections to Meta, setting out its preliminary view that Meta breached EU antitrust rules by excluding third party Artificial Intelligence (‘AI') assistants from accessing and interacting with users on WhatsApp. Meta's conduct risks blocking competitors from entering or expanding in the rapidly growing market for AI assistants.

The Commission therefore intends to impose interim measures to prevent this policy change from causing serious and irreparable harm on the market, subject to Meta's reply and rights of defence.

Meta's flagship products are its social networks, such as Facebook and Instagram, and consumer communication applications, such as WhatsApp and Messenger. It also operates online advertising services and virtual and augmented reality products. Meta provides a general-purpose AI assistant, Meta AI.

On 15 October 2025, Meta announced an update of its WhatsApp Business Solution Terms, effectively banning third-party general-purpose AI assistants from the application. As a result, since 15 January 2026, the only AI assistant available on WhatsApp is Meta's own tool, Meta AI, while competitors have been excluded.

The Commission has informed Meta that this policy change appears at first sight to be in breach of EU competition rules.

The Commission's investigation

The Commission preliminarily concludes that:

  • Meta is likely to be dominant in the European Economic Area ('EEA') market for consumer communication applications, notably through WhatsApp.
  • Meta is likely to be abusing this dominant position by refusing access to WhatsApp to other businesses, including third-party AI assistants. At this stage, the Commission considers that WhatsApp is an important entry point to enable general-purpose AI assistants reach consumers.
  • There is an urgent need for protective measures due to the risk of serious and irreparable damage to competition. Meta's conduct risks raising barriers to entry and expansion, and irreparably marginalising smaller competitors on the market for general-purpose AI assistants. The sending of a Statement of Objections on interim measures does not prejudge the outcome of the investigation. Meta now has the possibility to reply to the Commission's concerns.

The Statement of Objections covers the EEA except for Italy, where the Italian Competition Authority imposed interim measures on Meta in December 2025.

Background

On 4 December 2025, the Commission opened formal proceedings in the context of this ongoing investigation.

Article 102 Treaty on the Functioning of the European Union (‘TFEU') and Article 54 of the EEA Agreement prohibit the abuse of a dominant position that may affect trade and prevent or restrict competition within the Single Market. The implementation of Article 102 TFEU is defined in Regulation 1/2003.

Pursuant to Article 8(1) Regulation 1/2003, interim measures may be imposed if, at first sight, there is an infringement of competition law rules, as well as an urgent need for protective measures due to the risk of serious and irreparable harm to competition.

A Statement of Objections is a formal step in the Commission's investigations into the necessity of imposing interim measures. The Commission informs the parties concerned of its preliminary findings in writing. The parties can then examine the documents in the Commission's investigation file, reply in writing and request an oral hearing to present their views on the case before representatives of the Commission and national competition authorities.

If the Commission concludes, after the parties have exercised their rights of defence, that the conditions for interim measures are met, it can adopt a decision imposing such measures. The adoption of an interim measures' decision does not prejudge the final findings of the Commission on the substance of the case.

For more information

More information will be made available under the case number AT.41034 in the public case register on the Commission's competition website.

Quote(s)

Artificial intelligence is bringing incredible innovations to consumers, and one of these is the emerging market of AI assistants. We must protect effective competition in this vibrant field, which means we cannot allow dominant tech companies to illegally leverage their dominance to give themselves an unfair advantage. AI markets are developing at rapid pace, so we also need to be swift in our action. That is why we are considering quickly imposing interim measures on Meta, to preserve access for competitors to WhatsApp while the investigation is ongoing, and avoid Meta’s new policy irreparably harming competition in Europe.


Related topics

Competition Digital economy and society


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Contacts for media

Ricardo CARDOSO

Paula Clara RITTER-MOSCHUTZ

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Source

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Classification

Agency
Various EU Institutions
Filed
February 9th, 2026
Instrument
Enforcement
Legal weight
Binding
Stage
Final
Change scope
Substantive

Who this affects

Applies to
Technology companies
Geographic scope
EEA

Taxonomy

Primary area
Antitrust & Competition
Operational domain
Legal
Topics
Artificial Intelligence Digital Markets

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