Time granted to WhatsApp and Facebook to file responses on CCI’s notices- Delhi High Court

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Mary Sultana

New Delhi, July 30: On Friday The Bench of Justice DN Patel and Justice Jyoti Singh of Delhi High Court granted time to WhatsApp and Facebook to file their response over the notice issued by Competition Commission of India (CCI) that sought several details for them. The petitioners’, WhatsApp and Facebook are been heard by The Division Bench challenging the single judge bench which had dismissed their pleas challenging a CCI order for an investigation into the messaging app’s new privacy policy.
Appearing for WhatsApp LLC, Advocate Harish Salve stated that where on one hand they are insisting for a response on CCI notice, on the other hand the CCI counsel is seeking for adjournment in the matter for another date. Whereas, senior advocate Mukul Rohatgi appeared for Facebook in the matter.
WhatsApp was sent a notice on June 4 while on Juneb8 Facebook was sent notice seeking information and responses to certain queries by the CCI
Due to the unavailability of Additional Solicitor General representing CCI in the matter, the court adjourned the matter for August 27.
Earlier the vacation bench of the Delhi HC urged the DG, CCI that investigation against the appellant (WhatsApp and Facebook) is under judicial consideration before a Division Bench of the Court. “There is no doubt that the issuance of impugned notice by the DG is a step in furtherance of the investigation commenced in the Suo-Motu case, in which investigation is a subject matter of the challenge in the present LPA, we do not consider it appropriate to stay the Operation of impugned notice dated 4/06/2021 at this stage “, said by Delhi High Court vacation bench.
The petitioners had challenged the March 24 order passed by CCI querying about the new privacy policy of the messaging apps which was to be completed by 60 days.
The petitioners approached the Division Bench through an appeal- challenged single-judge bench order that had dismissed their pleas against the CCI decision on April 22.The senior advocates appearing for them asked the court to keep the proceedings abeyance as the matter is pending before the Supreme Court and the High Court
Furthermore representing as the Additional Solicitor General (ASG) of CCI, Aman Lekhi stated earlier that the matter presented is of accessing to data and the competition is going to deal with meta data rather than of privacy policy.

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