META was found to have complicated the activities of its competitors operating in social networking services and online display advertising markets and created barriers to entry. Certain obligations were imposed on META.
- In the investigation about Meta Platforms Inc., Meta Platforms Ireland Limited and WhatsApp LLC (META), which was initiated in 2021, it was decided that META abused its dominant position by combining the data collected from Facebook, Instagram and WhatsApp services; 346.717.193,40 TL administrative fines as well as obligations to terminate the violation and to establish efficient competition in the market shall be imposed on META.
- The period determined for the fulfillment of the said obligations expired on 09.12.2023. The proposals submitted to the Authority by META finally were not considered sufficient. Therefore, after the period granted to META expired, it was decided that META shall be imposed 4.796.152,96 TL administrative fines per day.
- The Board wanted META to take the consent of the users, who had given consent for the combination of data among Facebook, Instagram and WhatsApp services before the obligation within the scope of the compliance measure was imposed, again.
- The consent screen should not direct users to give consent, should include the information that in case users do not give consent, they will be able to use the app and thus provide the users who do not want to give consent with this opportunity in an equally easy way.
- In other words, the screen notification to be presented by META to users for their choices about the combination of their data among Facebook, Instagram and WhatsApp services was not considered sufficient to resolve anticompetitive concerns addressed in the investigation because the notification was not transparent enough; that is to say, it did not inform users adequately and it was designed in a way to direct users to give consent to data combination.
- As a result, the Board decided that on the basis of its annual gross revenues in 2022, META shall be imposed 4.796.152,96 TL administrative fines per day starting from 12.12.2023 until the compliance remedy to be offered by META enters the Authority’s registry.
For the announcement, see https://www.rekabet.gov.tr/en/Guncel/the-announcement-of-the-board-decision-a-3e42b75bc1afee118ecc00505685da39