Facebook/WhatsApp (Article 14(1)) (M.8228) [Archived]

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  • Facebook/WhatsApp (Article 14(1)) (M.8228) [Archived]
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Facebook/WhatsApp (Article 14(1)) (M.8228) [Archived]


ARCHIVED–this archived case hub reflects the position at the date of the decision of 18 May 2017; it is no longer maintained.

See further, timeline, commentary and related cases.

Case facts

OutlineEuropean Commission merger investigation under Article 14(1) into misleading information provided by Facebook during the Commission’s 2014 investigation into Facebook’s acquisition of WhatsApp (Case M.8228).

Latest developmentsOn 18 May 2017, the Commission issued its infringement decision and imposed a fine of €110m on Facebook.

PartiesFacebook is a US-based social media company.

BackgroundThe Facebook/WhatsApp (M.7217) investigation
On 19 February 2014, Facebook agreed to acquire WhatsApp for US$19bn.

On 19 May 2014, Facebook submitted a Form RS to the Commission requesting that the transaction be investigated by the Commission under Article 4(5) as a result of meeting notification thresholds in three Member States. This was accepted by the Commission after no competent Member State expressed disagreement. Facebook subsequently notified the Commission of its proposed acquisition of WhatsApp on 29 August 2014 (under case number M.7217). 

The Commission subsequently cleared the transaction, after its phase I investigation, on 3 October 2014.

The Commission looked at the impact of the transaction on three markets:
• consumer communications services
• social networking services, and
• online advertising services.

In relation to the third market, the Commission concluded that, irrespective of whether Facebook would introduce

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