In a recent move, WhatsApp and Facebook presented a formal defense to Brazil's Administrative Council for Economic Defense (Cade). This follows allegations of non-compliance with a preventive measure that required Meta, the parent company of both WhatsApp and Facebook, to maintain third-party AI access to its messaging platform. The companies detailed that they have restored access for chatbots through WhatsApp Business and that the fee of R$ 0.33 (approximately $0.0625) per message is legally justified and is, in fact, a compliance measure rather than a violation of Cade’s instructions.

Furthermore, WhatsApp and Facebook emphasized that the new charge is comparable to fees imposed by Brazilian marketing firms, suggesting that it aligns with industry standards. In contrast, Cade's general superintendency has initiated an administrative inquiry to investigate the potential breach of the preventive order. In a technical note, the antitrust body indicated that while it does not oppose the idea of charging for access to WhatsApp’s infrastructure, the new pricing structure might cover an exclusionary strategy, thereby raising concerns about competition and fairness in the market.

This case highlights the ongoing tension between large tech companies and regulatory authorities in Brazil. As the digital landscape evolves, the implications of such charges and policies could significantly influence the operational dynamics of chatbot services within WhatsApp Business and potentially affect the broader market for digital marketing in Brazil as companies navigate compliance with both corporate strategies and regulatory constraints.