ICC informs Delhi High Court
“When there is no legal infirmity, the investigation must continue”, ASG submitted further.
Karia also argued that the ICC can conduct an investigation and is not excluded in terms of jurisdiction, but the authority must wait for the findings of the Supreme Court.
He also argued that no user data is shared with any other person while sending messages and that even in the process of transmission the messages are end-to-end encrypted and he does not there is no question of sharing the data.
He also argued that there was no prima facie case for the ICC to open an investigation on the basis that Facebook abused its dominant position.
The TCC had made a prima facie finding that the policy was an abuse of dominance resulting in a violation of Section 4 of the Competition Act.
The ICC Bench consisting of Ashok Kumar Gupta (Chairman), Sangeeta Verma (Member) and Bhagwant Singh Bishnoi (Member) observed that “a thorough and detailed investigation is required to determine the extent, scope and impact of data sharing through involuntary user consent”.
Accordingly, the Commission ordered the Director General (“DG”) to initiate an investigation into the matter under the provisions of Article 26(1) of the Act. The Commission also ordered the DG to complete the investigation and submit the investigation report within 60 days of receiving this order.
Case Title: WhatsApp LLC v. ICC, Facebook c. ICC