Cape Town - Lawyers for social media giant Meta Platforms Inc, formerly Facebook Inc, have challenged an application before the competition tribunal in which civic engagement platform GovChat wants to intervene in an abuse of dominance case brought by the competition commission.
Senior counsel Paul Farlam appeared for GovChat and argued before the tribunal that his client wanted to take part in the pending tribunal proceedings on the basis that their interests were not adequately represented by the commission.
Farlam also said his clients might approach the tribunal further down the line for permission to broaden the scope of their intervention.
Represented by senior counsel Mark Wesley, Meta challenged an application made by GovChat and its subsidiary, #LetsTalk, which alleged Meta had unfairly tried to block them from using its WhatsApp business application programming interface (API).
Meta operates in the social media market through the Facebook App, and a photo and video sharing platform and social networking app called Instagram. In 2014 Meta acquired and obtained sole control of the WhatsApp Messenger messaging app.
Last year the Tribunal members, SC Geoff Budlender, Andreas Wessels and Imraan Valodia, granted GovChat interim relief.
This prevented Meta from removing GovChat from the WhatsApp platform, pending the outcome of the commission’s investigation into the complaint against Meta.
In its application, GovChat was also seeking to extend the interim relief. Wesley argued that as far as his clients were concerned, GovChat could only be allowed to intervene under two circumstances.
These were: if they were seeking different relief, or a different formulation of the prohibited practice.
The commission wants to interdict Meta from removing or off-boarding GovChat and #LetsTalk from the WhatsApp platform; and to prevent Meta from implementing and enforcing alleged “exclusionary terms.”
The commission has also asked the tribunal to impose a maximum penalty against Meta platforms WhatsApp and Facebook South Africa, which is 10% of their collective turnover.
GovChat has previously claimed that Facebook wanted to block it from the WhatsApp platform so that it could replace it by directly offering similar services to the South African government, which they argued was a prohibited practice.
The GovChat system enables the government to disseminate critical information to the public en masse, such as information related to Covid-19 system tracking, testing and vaccination as well as enabling people to apply on-line for social relief and distress grants.
GovChat argues that it is dependent on its continued access to the WhatsApp Business API and the intended off-boarding would harm consumer welfare.
Off-boarding would also affect its efficiency in its function which is to enable the public to communicate with multiple government bodies through a single platform.
After a four-hour hearing, the tribunal adjourned and said it would give its decision and order “in due course.”