COMESA Authority Investigates Meta Over WhatsApp Business API Restrictions

The COMESA Competition and Consumer Commission (CCCC) recently commenced an investigation into Meta Platforms Ireland Limited following changes to the terms governing access to the WhatsApp Business Application Programming Interface (API). The investigation reflects the increasing scrutiny that the CCCC is directing at large corporations, particularly digital platforms, and highlights the Commission’s evolving role as a regional antitrust enforcer in Africa.

While the investigation remains at an early stage, it raises important questions for technology companies, AI service providers, digital platforms, and businesses that rely on platform-based tools to reach customers across the COMESA Common Market.

Background to the Investigation

On 15 October 2025, Meta amended the terms and conditions governing access to the WhatsApp Business API. The amendment reportedly introduced restrictions affecting providers of general-purpose artificial intelligence (AI) services. As a result, third-party AI providers were allegedly no longer able to access or use the WhatsApp Business API as before. Meta’s own AI service, Meta AI, reportedly continued to be permitted on the platform and integrated into WhatsApp.

The WhatsApp Business API is widely used by businesses and technology providers to support automated customer engagement through WhatsApp. This includes AI-driven chatbots, virtual assistants, service updates, customer support tools, and other digital communication services.

Given the scale of WhatsApp’s adoption across many COMESA Member Countries, the API represents an important technical interface between businesses and customers. In many markets, WhatsApp is not merely a messaging tool. It is a core channel for commercial communication. Restrictions affecting access to this interface may therefore have significant implications for third-party technology providers seeking to offer AI-enabled services through the platform.

The CCCC’s Concerns

In its notice, the CCCC indicated that it has reasonable grounds to suspect that Meta, through WhatsApp, holds a dominant position in the COMESA Region in the markets for API services and downstream AI services. The Commission appears to view WhatsApp as a central channel for business-to-consumer communication across the region, with widespread adoption that may confer significant market power on Meta.

Against this backdrop, the CCCC is examining whether the restrictions imposed on third-party AI providers could constitute an abuse of dominance. In particular, the investigation focuses on whether limiting access to the WhatsApp Business API for competing AI services, while continuing to allow the integration of Meta’s own AI offering, may amount to exclusionary conduct or self-preferencing.

This type of conduct can raise competition concerns where a dominant undertaking restricts competitors’ access to a key platform, interface, or input while favoring its own downstream services. In digital markets, these concerns are increasingly important. Platform access rules can determine whether competitors are able to enter a market, scale their services, reach users, or offer meaningful alternatives.

The CCCC invited interested stakeholders to submit written comments regarding the matter. Businesses, technology providers, and other market participants were encouraged to provide evidence on how the changes to the WhatsApp Business API terms affected their activities, including whether the changes hindered their ability to engage customers. The submission deadline was 16 March 2026.

This step is consistent with the Commission’s investigative practice. In platform conduct cases, market feedback can be particularly important. The competitive impact of an access restriction often depends on how businesses actually use the platform, whether realistic alternatives exist, and whether the restriction affects innovation, customer access, or the ability of third-party providers to compete.

A Broader Shift in COMESA Competition Enforcement

The investigation into Meta should also be viewed in the context of a broader shift in COMESA competition enforcement. In recent years, the CCCC has adopted a more active and interventionist approach in both merger control and behavioral antitrust enforcement.

One of the most significant recent developments has been the reform of the COMESA merger control regime, effective at the end of 2025. Historically, the COMESA merger control regime operated on a largely non-suspensory basis. Parties were generally able to notify transactions after implementation while benefiting from a regional one-stop-shop mechanism that reduced the need for multiple national filings within the COMESA Region.

Recent regulatory amendments fundamentally changed that framework. The revised regime introduced a mandatory and suspensory notification system, requiring parties to obtain clearance from the CCCC before implementing notifiable transactions. The reforms also introduced significant penalties for gun-jumping, strengthening the Commission’s oversight of cross-border mergers within the Common Market.

For additional discussion of these changes, see our client update on Mandatory COMESA Merger Control Regime.

In parallel with these merger control reforms, the CCCC has also increased its enforcement activity in behavioral antitrust matters. Updated regulations introduced express per se prohibitions covering certain anti-competitive agreements, reinforcing the Commission’s ability to address restrictive practices without requiring extensive effects analysis in specific circumstances.

These amendments provide the CCCC with a more robust basis to pursue violations, including by foreign businesses. The Commission has shown that it is willing to use this authority. Matters involving entities such as CAF and beIN Media in connection with exclusive media rights arrangements, Coca-Cola in relation to distribution and pricing practices, and Heineken in relation to territorial restrictions and resale price maintenance demonstrate the CCCC’s increasing willingness to pursue conduct investigations against globally active companies.

For further discussion of these matters, see our client update on Antitrust Enforcement by the CCCC.

Implications for Digital Platforms and AI Service Providers

The investigation into Meta raises broader questions about access to digital platforms and the competitive implications of platform governance decisions. Messaging platforms such as WhatsApp increasingly function as key digital infrastructure for businesses seeking to interact with customers, particularly in developing economies across Africa where mobile messaging plays a central commercial role.

Restrictions on access to such infrastructure can affect the ability of third-party providers to compete in adjacent markets. This is particularly relevant for AI-enabled services, where providers may depend on integration with major communication platforms to deliver customer-facing products.

The CCCC’s investigation reflects a growing willingness to scrutinize platform conduct that may affect interoperability, access to digital interfaces, and competition in downstream technology markets. For companies operating digital platforms, this reinforces the need to assess access rules, integration decisions, and product restrictions through a competition law lens.

For AI service providers and businesses relying on third-party technology, the investigation also highlights the importance of monitoring platform terms and documenting the commercial impact of changes that affect access, customer engagement, or service delivery.

Why This Matters for Businesses Operating in COMESA

The CCCC’s investigation into Meta’s changes to the WhatsApp Business API represents a significant development in COMESA’s evolving competition enforcement landscape. The case highlights the Commission’s increasing engagement with digital platforms, technological ecosystems, and conduct by major global technology firms operating within the region.

More broadly, the investigation underscores the need for companies operating across the COMESA Common Market to maintain robust competition law compliance frameworks. Businesses should expect increased scrutiny of practices that may affect market access, platform interoperability, customer engagement, and competition in rapidly developing digital sectors.

Speak With BREMER About COMESA Competition Compliance

If your business operates in COMESA markets or relies on digital platforms to reach customers in the region, our team can help you assess risk, prepare for regulatory scrutiny, and develop a strategy aligned with your commercial objectives. Contact our team here.