Apple has accused India’s antitrust regulator, the Competition Commission of India, of overstepping judicial authority, intensifying a legal dispute that highlights growing scrutiny of Big Tech and evolving regulatory frameworks in India’s digital economy. In 2024, the CCI's investigative arm found that Apple effectively forces developers to use its own payment system, making the App Store an "unavoidable trading partner."
Apple has accused India’s competition body of exceeding its powers by pushing the US tech company to submit its financials in an antitrust case related to the iPhone apps market, while Apple challenges the law governing penalties, documents show.
An April 24 non-public Indian court submission by Apple is the latest sign of a growing confrontation between the company and Indian investigators over a case in which Apple says it could face a penalty of up to $38 billion, according to Reuters.
The Competition Commission of India has since 2024 sought Apple’s financial information, typically needed to calculate penalties, after an investigation found that it abused its dominant position. Apple has resisted, arguing it has challenged India’s entire antitrust penalty calculation law in a New Delhi court, and the watchdog must wait.
The filing came in response to CCI's April order, in which the watchdog said Apple had "been afforded adequate opportunities to file" its objections to the investigation report and had also "not submitted the requisite financial information."
The Indian case is among many Apple faces worldwide for alleged antitrust breaches. India is a key market for Apple, where its iPhones have a 9% market share, up from 4% two years ago, according to Counterpoint Research.
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Apple claimed it could face a massive $38 billion (Rs 341,295 crore) fine because of the expanded definition of global turnover. As of now, the CCI has only requested access to Apple's global financial records for FY22, FY23, and FY24.
"It is reiterated that the Respondent Commission is aware of the fact that the matter is sub judice, and yet it has not provided any rationale or justification for proceeding with the investigation in parallel during the pendency of the present proceedings before this Hon’ble Court.”
“Further, the Respondent Commission has neither demonstrated any urgency nor provided any justification as to why the outcome of the present Writ Petition would have no bearing on the continuation of the proceedings before it," Apple said in the filing.
Apple has maintained that it is a small player compared to Google's Android, which is the dominant player in India.