Escalating its antitrust battle against Meta, Italy’s competition watchdog has launched a procedure for emergency “interim measures” to block WhatsApp’s upcoming ban on third-party AI chatbots. Warning that the policy could cause irreparable market harm, the Italian Competition Authority (AGCM) is moving to intervene.
Targeting new business terms set to take effect on January 15, 2026, the regulator aims to halt the exclusion of competitors before they are forced off the platform. Microsoft has already confirmed its Copilot agent will discontinue WhatsApp support on that date due to the policy change.
Emergency Intervention: The Push for Interim Measures
Far from a standard regulatory review, the authority’s move signals a significant escalation in its scrutiny of the tech giant. Formally broadening its probe, the AGCM has transitioned from a routine investigation to a “procedure for interim measures.”
Invoking Section 14-bis of Law 287/1990, the regulator seeks to impose an emergency injunction to block Meta’s policy changes before they fully take hold.
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Such a legal tool is reserved for situations where waiting for the conclusion of a standard antitrust probe would be insufficient, as the market structure could be permanently altered. In its official announcement, the AGCM detailed the scope of this escalation:
“The Italian Competition Authority has broadened the scope of the investigation proceedings launched into Meta Platforms Inc… with respect to the WhatsApp Business Solution Terms.” […] “Alongside broadening the scope of its ongoing investigation, the Authority has also opened a procedure for the possible adoption of interim measures under Section 14-bis of Law 287/1990, with respect to the new WhatsApp Business Solution Terms (introduced on 15 October 2025) and the integration of new Meta AI interaction tools or features into WhatsApp.”
Broadening the investigation specifically targets the updated Business Terms introduced on October 15, 2025. Regulators argue that allowing these rules to proceed unchecked would fundamentally reshape the competitive landscape by the start of next year. Justifying the need for urgent intervention, the Authority’s decision document states:
“According to the Authority, this change to the contractual terms could limit production, market access or technical developments in the AI Chatbot services market, to the detriment of consumers, and may amount to a possible violation of Article 102 TFEU.” […] “Furthermore, the Authority deems Meta’s violation of competition rules capable of severely and irreparably undermining the contestability of the market, due to consumers’ limited propensity to change their habits, which hampers switching to competing services.”
At the core of the AGCM’s argument is the concept of “irreparable harm,” suggesting that once competitors are evicted, they cannot easily regain their user base. Freezing the status quo, the maneuver challenges Meta’s ability to dictate platform rules while under scrutiny.
Explicitly criticizing the company’s strategy, the authority stated that “Meta appears capable of channelling its customer base into the emerging market, not through merit-based competition, but by ‘imposing’ the availability of the two distinct services upon users.”
Closing the API: How the Ban Works
At the heart of the dispute lies a specific clause in the updated Business Terms that redefines permissible use cases for the API. The relevant section of the policy reads:
“Providers and developers of artificial intelligence or machine learning technologies, including but not limited to large language models, generative artificial intelligence platforms, general-purpose artificial intelligence assistants, or similar technologies as determined by Meta in its sole discretion (“AI Providers”), are strictly prohibited from accessing or using the WhatsApp Business Solution, whether directly or indirectly, for the purposes of providing, delivering, offering, selling, or otherwise making available such technologies when such technologies are the primary (rather than incidental or ancillary) functionality being made available for use, as determined by Meta in its sole discretion.”
Explicitly prohibiting “AI Providers”, defined as developers of LLMs and generative AI, the policy bans using the platform as a primary distribution channel. While the terms were introduced in October, the enforcement deadline is set for January 15, 2026, creating a hard stop for third-party services.
Microsoft has already capitulated to the new rules, officially confirming via the discontinuation notice that its Copilot agent will cease WhatsApp support on the January 15 deadline.
Defending the restriction, a company spokesperson argued that “the purpose of the WhatsApp Business API is to help businesses provide customer support and send relevant updates. Our focus is on supporting the tens of thousands of businesses who are building these experiences on WhatsApp.”
Critics contend this distinction is arbitrary, designed solely to clear the field for Meta AI’s deep integration into the chat interface.
By removing rivals, Meta ensures its own assistant becomes the default, friction-free option for millions of users. Effectively walling off the platform, the strategy prevents competitors from accessing the massive user base that WhatsApp commands.
The European Siege: A Multi-Front War
Regarding its WhatsApp ban of competitor chatbots, Meta attempts to frame its strategy as a consumer benefit, arguing that “offering free access to our AI features in WhatsApp gives millions of Italians the choice to use AI in a place they already know, trust and understand.”
However, the “walled garden” defense is losing traction with EU regulators who view platform neutrality as a prerequisite for fair competition. While Meta recently secured a legal victory in the US against the FTC, its operating environment in Europe is becoming increasingly restrictive.
Italy’s aggressive stance is part of a coordinated regulatory tightening across the European Union. Coinciding with a hostile climate in Spain, the move aligns with Prime Minister Pedro Sánchez’s recent labeling of the social media landscape as a “failed state”.
Compounding the pressure on the tech giant is a simultaneous financial blow. Just days prior, a Spanish court ordered Meta to pay €479 million to media publishers, ruling that its GDPR violations constituted unfair competition.
Reflecting a growing trend, these actions treat privacy failures and platform dominance as interconnected antitrust issues.
Outcomes of the AGCM’s interim measures could set a precedent for how other EU member states handle platform-level exclusions of AI competitors. Such scrutiny follows the initial investigation launched in July, which included raids on Meta’s offices.
Separately, unsealed documents have revealed internal company practices regarding user safety, further damaging the company’s reputation amidst these regulatory battles.