Cade maintains daily fine against Meta for AI chatbot practices on WhatsApp
Brazil's competition authority Cade upheld a daily fine of R$ 250,000 against Meta on April 23, 2026, finding the company allegedly abused its dominant position in messaging by imposing API fees and modifying WhatsApp Business terms in ways that exclude rival AI chatbot providers. The decision came after an administrative inquiry initiated following complaints from chatbot companies Luzia and Zapia.
What happened
In September 2025, chatbot companies Luzia and Zapia filed a complaint with Cade alleging that Meta was adopting practices to favor its own Meta AI solution on WhatsApp over competitors. In January 2026, Cade's Superintendency-General (SG) initiated an administrative inquiry and imposed a preventive measure to avoid market distortions. In March 2026, the SG identified signs of non-compliance with this measure when Meta edited the WhatsApp Business Solution Terms with provisions capable of producing exclusionary effects.
On April 23, 2026, Cade's plenary unanimously upheld an infraction notice and maintained a daily fine of R$ 250,000 against Meta. The rapporteur, counselor Carlos Jacques, found that changes to the WhatsApp Business terms and the imposition of fees for API use by AI chatbots constitutes a form of refusal to contract and violation of the preventive measure. Meta's defense argued the policy is market-compatible and that pricing matters should be discussed within the broader administrative inquiry.
Reported impact
Cade determined there are indications of abuse of dominant position in the messaging market with potential impacts on competition in the AI sector. The agency found that Meta's alterations to WhatsApp Business terms could generate exclusionary effects against rival chatbot providers.
Index analysis
The case focuses on whether Meta leveraged its dominance in messaging to favor its own AI chatbot solution while impairing competitors' ability to operate in the AI chatbot market. Cade's SG identified the API pricing changes and updated terms as mechanisms that could exclude competitors from the WhatsApp platform.
Governance controls
Cade imposed a preventive measure in January 2026 requiring Meta to maintain conditions that would not distort the market. When the agency found evidence of non-compliance in March 2026, it upheld enforcement action against the company through the infraction notice and daily fine mechanism.
Classification
Sources and evidence
Sources not yet published
This record was researched and written by the Index from original reporting. Its sources are still being verified by an editor, and they are listed here once that check is complete. Until then the record carries no reviewer.