Antitrust Law Daily Wrap Up, ANTITRUST NEWS: UK's CMA to investigate Meta’s commercial terms of use, (Oct 30, 2026)

By Justin Marcus Smith, J.D.

The CMA cautioned there are no findings as yet, the point of the investigation is to find out whether Meta abused a dominant position in violation of the UK Competition Act 1998.

The United Kingdom's Competition and Markets Authority (CMA) announced it is opening an investigation of whether Meta commercial terms and conditions breach competition law. The businesses subject to the investigation are Meta Platforms, Inc.; Facebook UK Limited; and Facebook Ireland Limited, but may include other entities. The CMA invoked its Competition Act 1998 (CA98) powers. Specifically, the CMA said it will examine, under CA98 Chapter II, (1) whether Meta abuses a dominant position by imposing “exploitative” terms on publishers and advertisers; and (2) whether Meta terms allow Meta to access and use content from news publishers’ websites to develop and provide its own products and services, “without those businesses getting a choice on if or how their content is used.” CMA Chief Executive Sara Cardell acknowledged that although digital platforms “play an important role in helping UK businesses reach millions of customers around the world,” Meta must not abuse its position to “impose unfair terms.” The CMA said Meta does not presently have a designation of strategic market status (SMS) under the digital markets competition regime (DMCR).

Voluntary pause. Meta had planned to revise its commercial terms after active engagement with the CMA. Meta has since put that effort “on hold” until November 20, 2026. According to the CMA, Meta most recently announced, on October 28, that it was pausing rollout of its commercial terms pending consultation with industry groups.

Investigative impetus. The CMA expressed concern that the Meta commercial terms could amount to an “unlawful imposition of unfair trading conditions for thousands of UK businesses that rely on [Meta] services to reach customers and audiences.” The CMA suggested it made the decision to investigate because news publishers and other businesses questioned whether the proposed changes to Meta commercial terms might breach competition law. CMA promised it would work toward a “swift and satisfactory” resolution.

Timetable. The case timetable calls for “rapid” initial information gathering and engagement with Meta and third parties beginning now through January 2027. The timetable may change.

Meta One inquiry. The CMA also said it is separately seeking information from Meta about its new Meta One business subscription service. The CMA said the Federation of Small Businesses raised concerns about the potential impact on small businesses posting external links on Facebook and Instagram without paying a subscription fee. The CMA has not decided whether to take formal action in this area. The Meta One issues are beyond the scope of the CA98 investigation into Meta’s commercial terms.

Closed cases. In 2024, the CMA accepted Meta proposals for limiting its use of advertising customer data. It also contemporaneously closed competition cases against Apple and Google, in connection with app developers, after it re-prioritized resources following Parliamentary enactment of the Digital Markets, Competition and Consumers Act.

CA98. Chapter II of CA98 prohibits conduct amounting to an abuse of dominant position in a market that may affect trade within the UK. CA98 gives the CMA authority to impose interim measures for prevention of significant damage or other emergent need to protect the public interest. The CMA case information statement said the CMA will gather and assess evidence from Meta and “affected third parties.”

The CMA acknowledged it has limited powers to take action under the digital markets competition regime (DMCR) for businesses that do not have the SMS designation. Meta does not presently have that status under DMCR, but CMA said it keeps SMS designations “under active review, with the next set of proposals to be considered by the CMA Board in spring 2027.”

Companies: Meta Platforms, Inc.; Facebook UK Limited; Facebook Ireland Limited

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