COMESA Competition Probes Meta Over Blocking Rival AI Firms on WhatsApp
The COMESA Competition and Consumer Commission has opened an investigation into Meta Platforms Ireland Limited over suspected abuse of dominance linked to changes in access to WhatsApp’s business platform, in a move that could test the regulatory reach of the Common Market for Eastern and Southern Africa.
In a notice to stakeholders, the Commission said it had commenced investigations under Regulation 68 of the COMESA Competition and Consumer Protection Regulations, 2025, into a potential violation of Regulation 36, which prohibits abuse of a dominant position within the Common Market or a substantial part of it.
The regulator said it had “reasonable cause to suspect” that Meta holds a dominant position in the Common Market and that recent changes to its WhatsApp Business terms could substantially lessen competition.
At the centre of the probe are amendments made on Oct 15, 2025, to the WhatsApp Business Solution Terms.
According to the Commission, the changes exclude providers of general-purpose artificial intelligence services from accessing or using the WhatsApp Business Application Programming Interface (API), while preserving and preferentially integrating Meta’s own AI service, known as Meta AI.
The Commission said it will assess whether the conduct has the object or effect of preventing, restricting or distorting competition in the Common Market, in line with Chapter 6 of the Regulations.
It stressed that the launch of the investigation does not presuppose that the conduct under review is anti-competitive or that Meta has breached the rules.
WhatsApp is widely used across COMESA’s 21 member states, which include Kenya, Egypt, Ethiopia, Zambia and Rwanda, and has become a critical communications and commerce tool for businesses, especially small and medium-sized enterprises.
The WhatsApp Business API allows companies and technology providers to integrate messaging services, customer support and automated tools directly into business operations.
Competition experts say access to such platforms can be decisive for AI developers and digital service providers seeking to reach customers at scale.
Exclusion from a dominant gateway platform may raise concerns of foreclosure, particularly where a platform operator also competes downstream with its own services.
The investigation comes amid growing scrutiny of global technology firms in emerging markets, where regulators are increasingly examining how platform rules and data control affect competition, innovation and consumer choice.
COMESA’s competition framework applies across its Common Market, giving the regional regulator jurisdiction over conduct that has cross-border effects within member states.
The Commission invited interested stakeholders and members of the public to submit representations by March 16, 2026, as part of its inquiry.
If the regulator ultimately finds an infringement, it has the power under the Regulations to impose remedies, including orders to cease anti-competitive conduct and financial penalties.
For now, the case marks one of the most significant tests yet of COMESA’s ability to police alleged dominance by global digital platforms operating across eastern and southern Africa.
gandae@businessdayafrica.org