Apple moved to block a revised Indian antitrust regime which lets regulators base fines on global revenue, warning the rules could expose it to a penalty of up to $38 billion, Reuters reported.
In a petition filed at the Delhi High Court, Apple contested an amendment made in 2024 which allows the Competition Commission of India (CCI) to levy penalties based on a company’s global revenue rather than only its India turnover.
Reuters reported Apple stated in court filings it could face a penalty of up to $38 billion if the sum is calculated at 10 per cent of its average global services revenue in the three fiscal years to 2024.
The news outlet reported Apple believes such a penalty would be “arbitrary” and “unjust”.
Apple argued penalties should be linked only to the revenue of the specific business unit found in breach of antitrust law, warning the current approach risks sweeping in unrelated parts of a company’s global operations.
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Abusive conduct
The CCI began investigating Apple’s conduct in the country in 2022 following complaints led by online dating platform Match accusing the company of abusing its dominance in the iOS apps market.
In 2024, the CCI reportedly stated there is evidence Apple engaged in “abusive conduct”, including preventing third-party payment processors from offering in-app purchases.
The company denied wrongdoing and a final CCI decision is pending.
Apple told the High Court it had “no choice but to bring this constitutional challenge now” to prevent the amended rules from being applied retrospectively, after the CCI invoked them in an unrelated case earlier this month.
A court hearing is scheduled for December.
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