The court had ruled that the appeals filed by Facebook and WhatsApp to stop the CCI's investigation had little validity. The CCI had argued before the single judge that it was not looking at the supposed breach of individuals' privacy that the Supreme Court was looking at.
It had claimed in court that WhatsApp's current privacy policies would lead to improper data gathering and "stalking" of customers for targeted ads in order to attract more users, and therefore constitutes a suspected violation of dominant status.
CCI also advised the court that it would be unable to decide whether WhatsApp's data gathering and distribution with Facebook constituted an anti-competitive activity or an abuse of superior power before the investigation was completed.
It also said that the information gathered, which included an individual's location, the type of device they were using, their Internet service provider, and whom they were speaking with, would lead to the development of a consumer profile and preference that would be monetised by targeted ads, and that all of this amounted to "stalking."
When the Supreme Court and the Delhi High Court were considering the privacy rules, the two social media outlets argued that CCI should not have "jumped the gun" and interfered. They also said that CCI's decision was an abuse of the commission’s authority. They argued that the CCI had "drifted far away" from the competition side of the case and was examining privacy problems that were already being investigated by the Supreme Court and the Delhi High Court.
On the basis of news coverage, the CCI had agreed to investigate WhatsApp's latest privacy policies on its own in January this year.