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Comesa’s Meta probe raises local AI bots control stakes
Meta has pushed back against the flurry of probes into its decision to lock out third party AI platforms from WhatsApp, saying it was necessary to protect the integrity of the platform.
The future of artificial intelligence (AI) use in Africa’s digital economy is under scrutiny in the wake of an investigation by the Comesa Competition and Consumer Commission (CCCC) into US tech giant Meta over changes to its messaging platform WhatsApp that may limit access for third-party AI services.
The investigation, announced February 18, follows a complaint by Uganda-based lobby AdLegal after Meta amended its WhatsApp Business Solution Terms in October 2025, barring external AI providers from using the Business Application Programming Interface (API).
Meta’s free WhatsApp Business app is designed for small business owners to communicate with customers, including those using the standard WhatsApp app. It supports automated, sorted, and fast-response messaging while allowing businesses to showcase products through a feature called Catalogue.
The app is favoured by businesses over the standard WhatsApp because it gives an online storefront to display up to 500 items, including photos, prices, descriptions, and direct links to the seller’s website.
Integrating third-party generative AI platforms, such as the ChatGPT chatbot by Meta’s rival OpenAI, on the WhatsApp Business API enables businesses to handle repetitive tasks like frequently asked questions, order updates, and booking appointments. This makes the WhatsApp Business app able to generate automated, context-aware responses to customer inquiries, for instance.
Toward the end of 2025, however, Meta restricted third-party AI chatbots, prioritising its own. The Meta chatbot bot is integrated across Meta’s apps – WhatsApp, Instagram, Facebook, and Messenger. For WhatsApp Business users, it handles limited functions like queries and giving product recommendations.
For businesses in Kenya and across East Africa, the stakes are high as WhatsApp has become one of the most dominant customer-service channels. The restriction means businesses that had integrated third-party AI tools have to rebuild everything for web or SMS platforms.
In the Comesa antitrust case, the complaint says Meta’s new terms excluded general-purpose AI services such as ChatGPT and Microsoft Copilot while preserving Meta’s own AI on the platform.
Experts say the case matters because WhatsApp is often the only digital interface between local businesses and customers.
Kenyan AI startups, many of which build multilingual chatbots for customer service, rely on WhatsApp because it has far wider adoption than standalone apps.
As such, if access to third-party AI tools is limited, startups may have to rely on Meta’s own AI stack or abandon WhatsApp automation altogether.
“That could increase costs and slow product development, particularly for firms that depend on specialised AI models for translation, fraud detection or analytics,” Stephen Kisee, a Nairobi-based developer, tells the Business Daily.
Startups offering services in local languages such as Swahili may also be affected, as they often fine-tune models from global providers rather than building their own, he adds.
“Without open APIs, innovation slows down. Many local startups don’t have the resources to build a full AI infrastructure.”
Banks, retailers, and logistics firms rely on WhatsApp chatbots to cut call-centre costs, while small traders use automated messages for orders and payments. If restrictions persist, businesses may need to invest in proprietary apps or SMS systems, raising costs and reducing reach.
The Comesa investigation could set a precedent for how African regulators treat Big Tech platforms that control digital gateways. The CCCC says it has “reasonable cause” to suspect the changes could substantially lessen competition in the 21-nation trading bloc.
The CCCC chief executive Willard Mwemba says the commission will assess whether Meta’s conduct violates rules against abuse of a dominant position.
“The Commission will, in accordance with Chapter 6 of the Regulations, conduct an investigation to determine whether the alleged conduct has as its object or effect the prevention, restriction or distortion of competition in the common market or any substantial part of it,” he notes in a statement.
While the Comesa antitrust commission has not said what sanctions Meta could face if abuse of dominance is proven, options could include fines, orders to reopen API access, or behavioural remedies – conduct-based obligations imposed on firms to address competition concerns without requiring divestitures.
The watchdog has previously taken action against Uber. It found that the global ride-hailing firm’s terms allowed for unpredictable price changes, making final charges higher than the initial booking price. Last year, Uber agreed to amend its terms to comply.
