A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad said that the appeals were devoid of merits and that the single bench’s order was well-reasoned.
The court had reserved its order in the case on July 25.
However, both WhatsApp and Meta had argued that the matter was already being heard by the Supreme Court and the Delhi High Court and thus the Competition Commission of India should not have ordered the investigation.
WhatsApp had claimed the commission “jumped the gun” by starting suo motu proceedings and that the investigation was a “headline-grabbing endeavour”.
On June 23, a single bench of Justice Navin Chawla, however, dismissed the petition saying the order for an inquiry cannot be quashed merely because the anti-trust regulator did not wait for the verdicts of the cases pending before the Supreme Court and the High Court.
The judge had also said he found no merits in the petitions filed by Meta and WhatsApp.
However, after facing massive backlash and with millions of users moving to other messaging platforms such as Signal and Telegram, WhatsApp decided to defer the changes to May 15, 2021. The company said it would do more to clear misinformation about the policy.
In an affidavit submitted to the Delhi High Court on May 14 last year, WhatsApp had stated that the policy update was not mandatory and users had the option of deleting their account or not using it.
The Centre also argued that the platform should stop sending notifications to a user and claimed that its actions were against “the very grain of prima facie opinion of the Competition Commission of India’s order” passed on March 24 last year.