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Regulation Daily Brief

EU Orders Meta to Reopen WhatsApp API to Rival AI Assistants, Five Days to Comply

3 min read European Commission Press Release, Case AT.41034 Partial Strong
The European Commission has ordered Meta to reinstate free access to the WhatsApp for Business API for competing AI assistants, citing abuse of dominant position under Article 102 TFEU. Meta has five working days from the decision to comply, placing the deadline on or around June 15–17, 2026.
Compliance deadline, on or around June 15–17, 2026

Key Takeaways

  • The European Commission ordered Meta to restore free WhatsApp for Business API access for rival AI assistants within five working days, citing Article 102 TFEU abuse of dominant position.
  • Meta banned third-party AI assistants from the API on October 15, 2025; a subsequent fee was found commercially prohibitive and effectively equivalent to the original ban.
  • The Commission used its rarely invoked interim measures authority under Regulation 1/2003 - reflecting a judgment that AI market harm couldn't wait for a full investigation.
  • The maximum statutory penalty for non-compliance is 10% of Meta's global annual turnover; this is the EU competition law ceiling, not an assessed fine.

Verdict

Meta must reinstate free WhatsApp API access for rival AI assistants under pre-Oct 15, 2025 terms
CourtEuropean Commission, Case AT.41034
Date2026-06-09
ImplicationsSets precedent for antitrust enforcement as a real-time AI market access remedy in the EEA

Compliance Deadline

January 1, 1970
EntityMeta Platforms, Inc.
JurisdictionEU (EEA)
PenaltyUp to 10% of global annual turnover (statutory maximum under Regulation 1/2003)

Five working days. That’s all Meta has.

The European Commission issued interim antitrust measures against Meta on June 9–10, 2026, ordering the company to reinstate free access to the WhatsApp for Business API for third-party general-purpose AI assistants. The legal basis: Article 102 TFEU and Article 54 of the EEA Agreement. The Commission found that Meta holds a dominant position in the EEA-wide consumer communications application market and that its API restrictions constituted an abuse of that position.

The sequence matters. On October 15, 2025, Meta banned third-party general-purpose AI assistants from the WhatsApp for Business API outright. According to the Commission’s decision and complainant counsel Geradin Partners – which represents Interaction Company, the firm that filed the original complaint, Meta subsequently replaced the outright ban with an API access fee that the Commission determined was commercially prohibitive and effectively equivalent to a ban. The complaint argues the revised fee structure preserved the same competitive exclusion the outright ban had created.

The five-day reinstatement window is the headline. Meta must restore the terms and conditions that were in place before October 15, 2025, the date the original ban took effect. The Case AT.41034 decision leaves no room for a phased rollout or negotiated alternative. The pre-ban terms return, or the Commission escalates.

Timeline

2025-10-15Meta bans third-party AI assistants from WhatsApp for Business API
2026-03-04Meta replaces outright ban with API access fee (per complainant counsel Geradin Partners, not independently confirmed)
2026-06-09European Commission issues interim antitrust measures, Case AT.41034
2026-06-15Estimated compliance deadline (on or around June 15–17, five working days; verify against official decision)

What does escalation look like? The statutory maximum penalty under EU competition law is 10% of Meta’s global annual turnover, a figure that runs well into the billions. That’s the ceiling, not an assessed fine. But the five-day window signals that the Commission isn’t treating this as a slow-moving investigation. Interim measures under Regulation 1/2003 are a rarely used authority. The Commission invoked them here because, in its assessment, competitive harm in AI markets couldn’t wait for a full investigation to conclude.

The catch is that Meta has options. The company can comply by the deadline, appeal the interim measures order, or pursue some combination of compliance and legal challenge. Appeals don’t automatically suspend interim measures in EU competition law. Compliance while contesting the decision is the more common path for large platforms, it preserves the appeal and avoids daily penalty exposure.

For compliance teams at platform companies operating in Europe, the real question is what this order reveals about the Commission’s enforcement posture toward API-gated AI features. The Commission didn’t wait for the AI Act. It didn’t use DMA gatekeeper mechanisms. It reached for antitrust law, the oldest competition enforcement tool in the EU’s toolkit, and applied it to an AI market access dispute in real time.

Any company with a dominant platform, an AI feature set, and an API that developers depend on is now looking at a cleaner precedent. The Commission has demonstrated that access restrictions framed as policy or pricing can be recharacterized as abuse of dominance if the effect is to lock competing AI providers out of a platform where they’d otherwise operate.

Who This Affects

Platform Compliance Counsel
Review API access policies for AI features against Article 102 TFEU dominant position risk, antitrust, not just DMA or AI Act, is now an active enforcement vector
AI Assistant Developers (EEA)
Monitor Meta's compliance by the June 15–17 window; if access is restored, pre-ban API terms are the operative terms
Legal Teams at Dominant Platform Operators
Assess whether API fee structures for AI features could be characterized as exclusionary, the Commission's ban-equivalence finding sets a new precedent

The five-day window expires on or around June 15–17, 2026. Human verification of the exact calendar date against the official Commission decision document is required before any action is taken – working-day calculations depend on the precise decision date and applicable EU calendar.

⚠️ Escalation flag: Compliance teams should verify the exact deadline against the official Case AT.41034 decision document before taking or advising any action. The date range above is derived from a five-working-day calculation; it is not the Commission’s stated calendar date.

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