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Delhi HC refuses to stay CCI notice to Facebook, WhatsApp in privacy policy matter


The Delhi High Court has refused to stay the Competition Commission of India (CCI) notice asking Facebook and WhatsApp to furnish certain information in relation to a probe ordered by it into the instant messaging app’s new privacy policy.

A vacation bench of Justices Anup Jairam Bhambhani and Jasmeet Singh said an application seeking stay of further steps in the investigation already stands filed in which notice was issued to the Director General of CCI in which no interim relief was given by the division bench on May 6 and is listed for consideration on July 9.

We also find that there is substantial overlap, in fact near identity, as between the prayers made in (earlier application) and those made in the present application. For the foregoing reason, we do not consider it appropriate to stay the operation of impugned notice dated June 8, at this stage, the bench said in its order passed on June 21 and made available on Wednesday.

The case relates to the appeals of Facebook and WhatsApp against a single judge order dismissing their pleas against the probe CCI ordered into the instant messaging app’s new privacy policy.

The high court had earlier issued notices on the appeals and asked the Centre to respond to it.

Earlier this week, Facebook and WhatsApp urged the Delhi High Court to stay the Competition Commission of India (CCI) notice, asking them to furnish certain information related to a probe ordered by it into the instant messaging app’s new privacy policy.

A vacation bench of Justices Anup Jairam Bhambhani and Jasmeet Singh said it will pass an order on the application.

During the hearing, the bench said since it was sitting on a vacation bench, it did not want to delve into the merits of the matter even as the main petitions are pending before a bench headed by the Chief Justice.

“We will pass an order. The matter will be listed on July 9 (the date already fixed for the main petitions),” the bench said.

(Disclaimer: Additional background information has been added to this PTI copy for context)



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