The Administrative Council for Economic Defense (Cade, Brazil’s antitrust authority) is conducting an investigation into recent changes to the terms of use and pricing policies of WhatsApp Business, introduced by Meta. The inquiry evaluates the potential antitrust effects of these new rules, which directly affect companies across various sectors, including financial institutions, airlines, delivery applications, and artificial intelligence (AI) developers.
New Rules and Cade’s Intervention
According to available information, Meta plans to end the free tier for customer service replies sent within 24 hours by businesses using the official WhatsApp Business API. Starting October 1, 2026, the platform will charge R$ 0.03 per message sent to customers under these conditions. Concurrently, the company intends to restrict the tool’s use by businesses whose core product is offering artificial intelligence assistants.
In response to these changes, Cade requested information from more than 40 companies to assess the market impact. The regulatory authority also maintains a daily fine of R$ 250,000 against Meta and WhatsApp within the scope of this investigation.
Levels of Dependency and Operational Impacts
The responses submitted to Cade, some of which remain confidential, show that reliance on WhatsApp Business varies significantly among market participants. Reported impacts center on customer support, security, marketing, and the distribution of tech services.
- High dependency: Companies such as Bradesco and Latam indicated that losing this channel would impair customer interaction levels and service coverage. Bradesco highlighted potential losses in transactional security communications, noting that the application has lower operating costs than traditional channels such as telephone and SMS. Zenvia reported that the tool is essential for commercializing conversational AI.
- Complementary impact: Other companies, such as Uber, Claro, and Gol, classified their WhatsApp usage as complementary. For these businesses, viable alternatives exist—including proprietary apps, email, and SMS—which mitigates the effects of the new policies.
Restrictions on Artificial Intelligence Assistants
A core aspect of the investigation involves restrictions placed on AI assistant developers. Meta’s policy shift has already led to the termination of key integrations. Companies such as OpenAI (ChatGPT) and Microsoft (Copilot) ceased offering their services via WhatsApp in early 2026. Zapia, a personal AI assistant, reported a sharp decline in users and engagement in Brazil after leaving the platform, indicating that alternative channels did not replicate the application’s reach.
Market Takeaways
Cade’s investigation illustrates the growing regulatory scrutiny surrounding digital platforms and their ecosystems. For businesses that rely on third-party APIs as core infrastructure for customer service or product distribution, this scenario underscores the importance of evaluating technological dependency and operational costs associated with unilateral changes to terms of service.
This content is for informational purposes only and does not constitute legal advice. For guidance on specific matters, consult a qualified lawyer.
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