The Administrative Council for Economic Defense (CADE) has upheld a daily fine of BRL 250,000 against Meta and WhatsApp for failing to comply with an interim measure regarding WhatsApp Business and AI chatbot access, as the companies did not restore the previously established competitive environment. The Tribunal, led by Commissioner Carlos Jacques, determined that Meta’s changes to WhatsApp Business terms, which allowed charges for AI chatbot messages, could create exclusionary effects similar to previously suspended clauses. The interim measure requires that chatbots operate without additional charges, and the Tribunal emphasized that compliance involves more than just suspending new terms; it necessitates enabling chatbots to function as they did before the changes. The General Superintendence argued that the charges could hinder market entry for new AI chatbot providers, while the companies contended that the interim measure did not prohibit charging for the WhatsApp Business API and that their fees were reasonable compared to other platforms.
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