In a move sending ripples through Africa’s digital economy, competition regulators in East and Southern Africa have flagged a new antitrust inquiry into Meta Platforms’ WhatsApp Business setup, raising questions about fair access, AI competition and the role of global tech firms in African markets. The inquiry, unfolding across 21 nations that form the Common Market for Eastern and Southern Africa, marks one of the most significant pieces of regulatory action targeting how global messaging platforms operate on the continent, according to Extensia Ltd.
At the heart of the investigation is a change Meta made late in 2025 to the WhatsApp Business Solution Terms that regulates how third-party software — particularly artificial intelligence (AI) tools — can connect with the platform. African regulators argue that those changes may be skewed to favour Meta’s own AI technologies while shutting out rival AI companies from accessing the application programming interface (API) that enables businesses to deliver automated services and customer support.
The COMESA Competition and Consumer Commission (CCCC) flagged concerns under Regulation 36 of the bloc’s Competition and Consumer Protection Regulations 2025, a law designed to prevent the abuse of dominant market positions that could stifle competition. The regulator says it has “reasonable cause to suspect” Meta holds such a dominant position in the common market and that the adjusted WhatsApp terms might significantly lessen competitive opportunities for AI developers.
The inquiry is still in its early stages, and launching it does not suggest wrongdoing or impose penalties at this time. However, it incentivises African businesses, software developers and industry stakeholders to make their voices heard as the regulator gathers evidence and perspectives through March 16, 2026. Should the commission find antitrust violations, Meta could be directed to revise its terms, face regional fines or even be required to make WhatsApp’s business interface more accessible to rival services.
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What This Means for Developers and Businesses
WhatsApp is far more than a messaging tool in Africa. Across the continent, it is a central platform for communication, commerce and service delivery for individuals and organisations alike. Small businesses use the WhatsApp Business API to showcase products, answer customer queries and even automate transactions. Local AI developers build bots and tools that plug into this interface to offer services such as automated replies, customer engagement analytics and multilingual support. Restricting access to these capabilities could have broad and lasting impacts.
Developers from Kenya to Egypt have expressed concern that the updated terms favour Meta’s own AI products — like Meta AI — giving them privileged placement on the WhatsApp ecosystem while sidelining competitors. African startups often lack the resources to build their own independent ecosystems, making WhatsApp’s platform crucial for reaching users. Limiting access to third-party AI services could slow innovation, increase costs, and narrow the range of tools available to local enterprises seeking to modernise their operations.
This regulatory action follows a broader trend of African authorities asserting their rights and interests in managing large digital platforms active on the continent. In recent years, national regulators in countries such as Nigeria and South Africa have taken Meta and other tech giants to task over privacy, data sharing and competition concerns. These efforts underscore a desire to ensure that global digital services operate fairly, transparently and in line with local legislation.
Regional Context: Africa’s Digital Regulation Landscape
Africa’s drive to regulate digital platforms is part of an ongoing effort by national and regional bodies to safeguard economies, protect data and support local innovation. While WhatsApp remains one of the continent’s dominant platforms, regulators have shown that they are willing to use competition law and consumer protection frameworks to prevent corporate practices that could hinder fair competition or limit market access.
The COMESA probe is not isolated. Across the world, antitrust authorities have been watching how large technology companies structure their APIs, data access and AI services. For instance, similar concerns in Europe and Brazil have led to regulatory scrutiny and legal action against Meta for its platform policies. Africa’s active participation in this global oversight reflects both the continent’s significance as a digital ecosystem and the increasing assertiveness of its regulatory bodies.
In neighbouring regions, digital policy has been tightening in other ways. Some governments in Africa have introduced fines or regulatory controls around WhatsApp usage to ensure compliance with national data protection and security laws. Zimbabwe, for example, once brought in licensing fees for WhatsApp group administrators, citing data privacy needs, a move that drew criticism from free expression advocates.
National regulators in South Africa have also taken tough stances on WhatsApp’s handling of personal data, issuing enforcement notices and guidance to comply with the country’s stringent data laws. South Africa’s Information Regulator emphasised that WhatsApp’s privacy policies should align with legal standards and that end users must have clear, informed consent mechanisms for data processing.
Nigeria’s own regulatory environment has been active too. The Federal Competition and Consumer Protection Tribunal upheld a substantial fine against WhatsApp’s parent company for discriminatory data practices affecting millions of users, reinforcing the country’s commitment to digital rights and compliance.
Challenges Ahead for Fair Competition and Innovation
The outcome of this antitrust investigation carries weight far beyond regulatory formalities. If Meta is found to have restricted access to a critical digital gateway, remedies could set important precedents for how digital markets are governed in Africa. Regulators could order WhatsApp to open its API ecosystem to competing AI services, establish more transparent rules for third-party integration or impose frameworks to prevent dominant firms from fortifying their position at the expense of local innovation.
For startups and tech entrepreneurs, this is a moment of anticipation and potential reshaping of the digital landscape. Many rely on open access to major platforms to launch services that support customer service automation, user engagement and localised AI solutions. A decision in favour of wider access could encourage investment, boost competition and enhance opportunities for local talent to contribute to Africa’s increasingly dynamic tech economy.
Meanwhile, regulatory scrutiny brings its own set of uncertainties. Meta and other global tech firms are navigating a patchwork of legal requirements across jurisdictions, balancing compliance with innovation and user protection. The outcomes of such disputes influence how digital services evolve, the nature of data sovereignty, and how local laws interact with global platform policies.
Looking Ahead: What Comes After the Probe
The COMESA Competition and Consumer Commission’s inquiry into Meta’s WhatsApp Business terms represents a significant milestone in Africa’s digital regulatory journey. For millions of users and businesses who depend on WhatsApp for everyday communication and commerce, the issue is not just legal technicalities. It matters for how inclusive, competitive and dynamic the digital economy will be in the years to come.
Stakeholders have until mid-March to submit their responses and evidence as regulators deliberate on potential findings. If restrictions are deemed to have dampened fair competition, changes to WhatsApp’s terms, greater API openness and possible sanctions could follow. Such developments would inform broader debates about digital governance, innovation, local market needs, and global tech accountability on the African continent.
As governments across Africa deepen their engagement with tech regulation, the balance between consumer rights, economic growth and platform power will remain front and centre. The outcomes from this COMESA probe might serve as a defining reference for future regulatory actions and the expansion of a more equitable digital ecosystem.
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