March 20, 2023
Court Refuses To Stay Notice Issued To WhatsApp By Competition Commission

Delhi High Court refused to remain discover issued to WhatsApp by Competition Commission of India.

New Delhi:

The Delhi High Court on Wednesday refused to remain the discover dated June 4, 2021, to WhatsApp by the Director-General of Competition Commission of India (CCI).

The Division Bench Justice Anup Jairam Bhambhani and Justice Jasmeet Singh mentioned that “we would only urge the DG, CCI to bear in mind that investigation against the appellant is under judicial consideration before a Division Bench of this court.”

The bench additionally underlined that, in our view, there isn’t a doubt that the issuance of impugned discover by the DG is a step in furtherance of the investigation commenced within the suo-motu case, wherein the investigation is an issue of the problem within the current Letter Patents Appeal (LPA).

“…we do not consider it appropriate to stay the operation of impugned notice dated 04.06.2021, at this stage…” says the Delhi High Court.

Senior Advocate Harish Salve, showing on behalf of WhatsApp LLC submitted that whereas the current LPA is pending earlier than a Division Bench of this court docket, in an act that smacks of overreach, the DG has issued discover dated June 4, 2021, purporting to be underneath part 41(2) learn with part 36(2) of Competition Act 2002, demanding from the appellant info and response to sure queries, that are 22 in quantity, and that are already the subject material of the problem within the LPA.

Advocate Salve additionally knowledgeable the court docket that associated challenges are additionally pending earlier than the Supreme Court.

Additional Solicitor General, Aman Lekhi, appeared for the CCI said that he has directions to say that although the issuance of discover dated June 4, 2021, was completely according to the process contemplated underneath the statute for taking ahead an ongoing investigation, which has not been stayed by the Division Bench. He mentioned it will take substantial time for preparation of a report pursuant to the receipt of the knowledge called-for by means of the impugned discover; which report would thereafter be forwarded to the Competition Commission of India.

ASG Lekhi accordingly submitted that preparation of the report wouldn’t be accomplished no less than earlier than the following date of listening to earlier than the Roster Division Bench i.e., July 9, 2021.

The Delhi High Court had on Monday reserved an order on WhatsApp LLC plea difficult Competition Commission of India (CCI)’s June 4 discover in search of sure info messaging utility’s privateness coverage.

WhatsApp and Facebook have urged the Delhi High Court to remain discover issued by CCI on June 4 towards messaging utility. The CCI has sought sure info on WhatsApp’s new privateness coverage.

WhatsApp urged the Delhi High Court to problem path to authorities involved to not take any coercive motion towards messaging utility until the following date of listening to.

The contemporary pleas had been filed by Facebook and Whastapp on an ongoing petition whereby the businesses have challenged single-judge bench order dismissing their pleas towards the CCI choice.

Earlier, the Division Bench had issued discover to the CCI within the matter.

The single bench of Delhi High Court on April 22 had dismissed Facebook and WhatsApp pleas difficult a CCI order for an investigation into the messaging app’s new privateness coverage.

The petitioners had challenged the March 24 order handed by CCI directing a probe into the brand new privateness coverage and the probe needs to be accomplished inside 60 days. Facebook and WhatsApp mentioned that for the reason that problem of WhatsApp’s privateness coverage is being heard by the Supreme Court, High Court, subsequently, there was no requirement of CCI to order the probe.

Senior Advocate Harish Salve and Former Attorney General Mukul Rohatgi appeared for the petitioners and had instructed the court docket that CCI proceedings have to be stored in abeyance because the matter is pending earlier than Supreme Court and High Court.

Additional Solicitor General (ASG) Aman Lekhi, who represented CCI within the matter, had earlier instructed the court docket that the matter shouldn’t be of privateness however entry to information and the Competition goes to take care of metadata.

(Except for the headline, this story has not been edited by NDTV employees and is revealed from a syndicated feed.)

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