Delhi High Court reserves order in OTT’s challenge to CCI order directing probe into platform's 2021 policy
While arguing the matter, Harish Salve said that the present case is not of competition issue. He said that recently, WhatsApp came up with an updated policy where they had given an opt-out for pre-2016 customers.
Salve further said that WhatsApp could not see and moreover, user conversation was protected by end to end encryption. The data sharing was for business accounts, he clarified.
When matter is already pending in every court, can suo motu be exercised that too against both WhatsApp and Facebook? Mukul Rohatgi asks and says that CCI must respect HC and SC, as this would count as an abuse of Suo moto.
Then Additional Solicitor General of India Aman Lekhi argues that who is calling whom, thru which device, when and for what purpose, is absurd. The customer profiling and consumer preference will be monetized and lead to network effect. It is open for both WhatsApp and Facebook to dominate and abuse.
“Whether it is discriminatory is in the domain of the Commission. Surpreme Court will not deal with competition facet, rather it would deal with with privacy facet. Further, data and data is meta data which would be utilized and impair competition. It would be borne out of investigation” said Lekhi.