COMESA Competition watchdog opens probe into Meta over WhatsApp AI terms
By Kenneth Mwenda, February 18, 2026The COMESA Competition and Consumer Commission (CCCC) has formally launched an investigation into Meta Platforms Ireland Limited over claims that the company is abusing its dominant position in the Common Market.
The inquiry targets changes Meta made to the WhatsApp Business Solution Terms in October 2025 that block third‑party AI providers from using the WhatsApp Business API.
On February 17, 2026, the CCCC issued Notice of Investigation 1 of 2026, officially starting the probe. The Commission says Meta amended its terms on October 15, 2025, without consultation. These changes, the CCCC says, exclude general-purpose artificial intelligence service providers from accessing the WhatsApp Business API while maintaining full access for Meta’s own AI service, Meta AI.
The CCCC explained that this kind of behaviour could breach regional competition rules. Under Regulation 36 of the COMESA Competition and Consumer Protection Regulations, 2025, firms with a dominant position must not abuse that power in a way that harms competition in the Common Market or a substantial part of it.
Crucially, the Commission stressed that the start of an investigation does not mean Meta has broken any rules. A statement from the CCCC reads: “Issuing this notice does not mean that the conduct under investigation is anticompetitive or that Meta Platforms Ireland Limited has breached the Regulations. The Commission will examine the conduct and its effects before reaching any conclusion.”
Nevertheless, the CCCC says it has reasonable cause to suspect, and does suspect, that Meta holds a dominant position in the Common Market. It further states that it suspects the WhatsApp API changes will substantially lessen competition by blocking AI service providers from using WhatsApp.
WhatsApp access under scrutiny
The Commission points to WhatsApp’s widespread use across the 21 COMESA member states, which include Kenya, Egypt, Ethiopia, Uganda and Zambia. With millions of daily users in business and personal communication, WhatsApp has become a vital gateway for technology companies wishing to offer services to customers across the region.
According to the CCCC, restricting access to the WhatsApp Business API could deny AI developers a key route to market.
“WhatsApp functions as a crucial gateway for AI service providers to reach customers across the Common Market,” the notice states. “We suspect that the amendments could prevent, restrict or distort competition in ways that favour Meta’s own AI tools.”
The notice concludes by inviting all interested stakeholders to submit written representations to the Commission by March 16, 2026. It includes contact details for Tatenda Zengeni, Manager, Anticompetitive Practices, and assures contributors that their submissions will be treated with strict confidentiality and used only for this investigation.
The watchdog’s move comes amid heightened global scrutiny of how major tech companies use their power in markets and with their platforms. Regulators in other regions, including Europe, have raised similar concerns about the impact of Meta’s policies on competition.
They argued that blocking third‑party AI assistants could harm competition by giving Meta’s own tools an unfair edge. This meant that developers outside Meta could not integrate their AI services into WhatsApp, limiting choice for users and businesses.