WhatsApp and Facebook have challenged the CCI's June 4 and
8, 2021, notices respectively, asking them to furnish certain information for
the purpose of inquiry conducted by it.
A bench of Chief Justice D N Patel and Justice Jyoti Singh
noted that the Data Protection bill is yet to be finalised and, therefore,
adjourned the proceedings to March 30.
The court was hearing the appeals of Facebook and WhatsApp
challenging its single-judge order dismissing their pleas against the probe
ordered by the CCI into WhatsApp's new privacy policy.
“Till then the time to file replies to the June 4 and June
8, last year, notices issued by CCI to the appellants (Facebook and WhatsApp)
is extended,” the bench said.
The court had earlier granted time to the social media
platforms to file replies to notices and thereafter, the time was further
extended.
Senior advocate Harish Salve, representing WhatsApp,
submitted that the Data Protection bill was tabled in the Parliament and the
court had earlier granted time to file replies to the notices till October 11,
2021, but it could not be extended thereafter as the matter was not taken up.
Additional Solicitor General Aman Lekhi, appearing for CCI,
contended that Data Protection bill is “irrelevant” to this controversy and
that the case does not deal with ‘privacy' but with the provisions of
Competition Act relating to abuse of dominant position and inquiry into certain
agreements and dominant position of an enterprise.
Meanwhile, the counsel for Facebook India submitted that he
has filed an application seeking to be impleaded as a party to the case.
However, the court asked him to file a fresh petition.
The case relates to the appeals of Facebook and WhatsApp
against a single judge order dismissing their pleas against the probe CCI
ordered into the instant messaging app's new privacy policy.
The division bench of the high court had on May 6, 2021,
issued notices on the appeals and asked the Centre to respond to it.
The single judge on April 22 last year, had said though it
would have been "prudent" for the CCI to await the outcome of
petitions in the Supreme Court and the Delhi High Court against WhatsApp's new
privacy policy, not doing so would not make the regulator's order "perverse"
or "wanting of jurisdiction".
The court had said it saw no merit in the petitions of
Facebook and WhatsApp to interdict the investigation directed by the CCI.
The CCI had contended before the single judge that it was
not examining the alleged violation of individuals' privacy which was being
looked into by the Supreme Court.
It had argued before the court that the new privacy policy
of WhatsApp would lead to excessive data collection and "stalking" of
consumers for targeted advertising to bring in more users and is therefore an
alleged abuse of dominant position.
WhatsApp and Facebook had challenged the CCI's March 24,
2021, order directing a probe into the new privacy policy.
In January last year, the CCI on its own decided to look
into WhatsApp's new privacy policy on the basis of news reports regarding the
same.