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Off-Channel and Ephemeral Messaging in Antitrust Investigations: Legal Risks, Regulatory Focus, and Ediscovery Challenges

BY and | June 30, 2025

The use of ephemeral and off-channel messaging apps like WhatsApp, Signal, and Telegram in corporate settings has become a critical concern for regulators, especially in antitrust investigations. These platforms, designed…

The use of ephemeral and off-channel messaging apps like WhatsApp, Signal, and Telegram in corporate settings has become a critical concern for regulators, especially in antitrust investigations. These platforms, designed for privacy and message deletion, hinder compliance efforts, frustrate eDiscovery, and raise obstruction risks. Regulators in the U.S., UK, and EU are tightening expectations, with agencies such as the DOJ, FTC, SEC, and CMA issuing updated guidance, sanctions, and procedural o

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