In its submission, the Competition Commission of India (CCI) said Apple’s petition contesting the amended penalty provisions was aimed at delaying proceedings in a case that examines whether the iPhone maker abused its dominant position in the app distribution market.
The dispute centres on a 2024 amendment to India’s competition law that allows the CCI to calculate fines based on a company’s global turnover, rather than limiting penalties to revenue generated in the Indian market. The change significantly raises potential exposure for multinational companies.
Apple last month filed a petition challenging the amended law, arguing that global-turnover-based penalties are disproportionate, unconstitutional and unrelated to the alleged conduct in India. The company warned in its filing that the provision could expose it to a penalty of up to $38 billion, based on its worldwide revenue, if the CCI ultimately rules against it.
The underlying antitrust case dates back to 2022, when Match Group and several Indian startups accused Apple of anti-competitive practices linked to its App Store policies, including mandatory use of its in-app payment system. The CCI’s investigation report has been completed, but no final order has been issued.
The regulator told the court that Apple’s decision to challenge the penalty framework at this stage was an attempt to “stall” the main proceedings. Apple maintains that the amended penalty calculation method is arbitrary and must be tested before the merits of the case are decided.
The Delhi High Court is expected to hear Apple’s plea in the coming days. The outcome could have far-reaching implications for how India penalises global technology firms in future competition cases.
