By sarah Natoolo
The Common Market for Eastern and Southern Africa (COMESA) Competition and Consumer Commission (CCCC) is facing renewed pressure in its investigation into Meta Platforms Ireland Limited after European regulators ordered the technology giant to restore access to rival artificial intelligence (AI) providers on WhatsApp while a major antitrust case proceeds.
The COMESA watchdog launched its investigation earlier this year following a complaint filed by Uganda-based consumer and competition advocacy group AdLegal. The complaint alleges that Meta abused its dominant position by amending its WhatsApp Business Solution Terms in October 2025 to exclude providers of general-purpose AI services from accessing the WhatsApp Business Application Programming Interface (API), while continuing to give preferential treatment to its own Meta AI service.
The case has attracted growing international attention after the European Commission this month issued rare interim measures requiring Meta to allow competing AI assistants, including ChatGPT, Microsoft Copilot, Perplexity and other providers, to access WhatsApp Business on the same terms that existed before the restrictions were introduced. European regulators said the measures were necessary to prevent “serious and irreparable damage” to competition in the rapidly evolving AI market while the investigation continues.
The European Commission concluded that WhatsApp represents a critical gateway through which AI providers can reach consumers and warned that Meta’s conduct risked foreclosing competition by leveraging the messaging platform’s dominant position to favour Meta AI. Regulators also rejected Meta’s subsequent attempt to replace the outright restriction with a fee-based access model, arguing that the charges would effectively produce the same exclusionary effect.
Meta has strongly opposed the European order and announced plans to appeal, describing the intervention as regulatory overreach and arguing that it unfairly forces the company to subsidise rival AI firms.
The developments are likely to be closely watched in COMESA, where competition authorities are examining whether the same conduct amounts to an abuse of dominance under Regulation 36 of the COMESA Competition and Consumer Protection Regulations.
When announcing the investigation, CCCC Chief Executive Officer Dr Willard Mwemba said the Commission had reasonable grounds to suspect that Meta’s October 2025 amendments substantially lessened competition within the Common Market by preventing third-party AI providers from accessing WhatsApp Business while preserving Meta AI’s privileged access.
The probe followed a complaint by AdLegal, whose Executive Director Aziz Kitaka argued that African consumers should enjoy the same protections being extended to users in Europe and other jurisdictions.
Industry analysts say the European Commission’s intervention could strengthen the COMESA case by providing an early regulatory assessment of the competitive risks associated with Meta’s restrictions. A finding against Meta by the regional watchdog could establish an important precedent for digital competition enforcement across Africa, particularly as messaging platforms increasingly become key distribution channels for AI services.
Competition lawyers note that COMESA has in recent years shown a willingness to challenge major technology companies operating in the region. The outcome of the Meta investigation is therefore expected to be closely monitored by AI developers, consumer groups and regulators across the continent.
The COMESA Commission has not yet indicated when its investigation will conclude or what sanctions Meta could face if the company is found to have abused its dominant market position.
