Justice Yashwant Varma rejected the plea saying there has to be some end to the "luxury to litigate".
Facebook India approached the single judge bench after a division bench of the high court in August dismissed its impleadment application in a related matter and granted it liberty to challenge the CCI order by way of a separate writ petition.
Facebook India, the Indian subsidiary of US-based Facebook Inc (now known as Meta Platforms), argued that the CCI has clubbed it in its ongoing investigation against Facebook Inc and WhatsApp even though it has not formed any prima facie opinion against it.
"There has to be a prima facie case which directs the Director General to cause any investigation. I am aggrieved by the clubbing order. The allegations made are exactly the same. I am a subsidiary but not involved in any policy-making," senior advocate Parag Tripathi, representing Facebook India, said.
Justice Varma noted that the plea by Facebook Inc challenging the CCI probe has already been dismissed by the division bench.
"With all due respect, you suddenly wake up now and challenge the order. Enough is enough. There has to be some end to luxury to litigate," the high court said and dismissed the plea.
The division bench, in August, had said the single judge's April order was well-reasoned and the appeals were devoid of merits.
In April last year, a single judge of the high court refused to interdict the investigation directed by the CCI on the petitions by WhatsApp LLC and Facebook Inc --now Meta Platforms.
Facebook had argued that there was not even prima facie material in the case against it and CCI cannot investigate it in a "creeping fashion".
The anti-trust regulator had said that its investigation concerned WhatsApp's anti-competitive sharing of user data with Facebook and not the issues concerning privacy law and judicial process cannot be used to thwart the investigation.
Before the single judge, WhatsApp and Facebook had challenged CCI's March 2021 order directing a probe against them.