[WhatsApp Privacy Policy] Delhi High Court refuses to stay CCI notice seeking more information

The Delhi High Court on Monday refused to stay a June 4 notice of the Competition Commission of India (CCI) seeking more information about the WhatsApp's new privacy policy (WhatsApp LLC v. Competition Commission of India)..The vacation bench of Justices Anup Bhambhani and Jasmeet Singh issued notice in the application filed by WhatsApp and its parent company Facebook seeking restraint on coercive action pursuant to the notice..The application also sought a stay on CCI’s June 4 notice, to which they had to reply by June 21..Senior Advocate Harish Salve, appearing for WhatsApp, stated that the problem is that a fresh notice was served on June 4 and the last date to respond was today. He also pointed out that the new WhatsApp privacy policy was already under challenge before both Delhi High Court and the Supreme Court.Senior Advocate Mukul Rohatgi, appearing for Facebook, argued that CCI must not take any coercive action against the social media giant until the conclusion of the proceedings before the High Court, as the matter is sub judice and is listed for July 9 before the Bench headed by Chief Justice DN Patel..Justice Anup Bhambhani questioned Additional Solicitor General Aman Lekhi, appearing for CCI, whether he was in a position to make a statement that the regulator will not take any coercive action between today and July 9. Lekhi re-assured the Court that there is no threat looming over the social media company, and that coercive action will only follow after its response to the report was submitted.He said that it would take substantial time for preparation of a report pursuant to the receipt of the information asked for by way of the June 4 notice. This report would not be filed before the Division Bench hears the challenge before it on July 9, Lekhi submitted..The judges also made it clear during the hearing that they do not want to pass any big orders, as they were sitting as a vacation bench.“We are only a vacation bench, we don’t even want to make half an observation. Please practice forbearance in time. Not in rights, but in time. What is the hurry? What can be done today can also be done in three weeks?” Justice Bhambhani questioned..The matter has been posted next for hearing on Monday, June 28, 2021..On April 22, this year, a Single Judge Bench of the High Court had dismissed the pleas of WhatsApp and its parent company Facebook against the probe ordered by the CCI into the app’s new controversial privacy policy. On May 6 this year, a Division Bench of the High Court had issued notice in the appeal against this decision..[WhatsApp Privacy Policy] Delhi High Court issues notice in WhatsApp, Facebook appeal against Single Judge order refusing to set aside CCI probe.[Read order]