India’s antitrust regulator has told the Delhi High Court that Apple’s challenge to the country’s new penalty law is an attempt to stall ongoing competition proceedings. The watchdog also stressed that penalties are calculated case by case, considering mitigating factors, rejecting Apple’s claim that the framework is arbitrary and excessive.
India’s Competition Commission (CCI) has pushed back strongly against Apple’s constitutional challenge to the amended Competition Act provisions that allow fines based on a company’s global turnover. In a filing before the Delhi High Court, the regulator argued that Apple’s move is aimed at delaying active antitrust cases examining its App Store rules and payment policies.
Apple fears potential penalties of up to 10% of its worldwide revenues, which it estimates could reach around 38 billion dollars, and has called the law “unconstitutional” and “grossly disproportionate”. The CCI countered that the law is clear, in line with global practice, and that any eventual penalty would be determined on a case‑to‑case basis after weighing mitigating and aggravating factors, including conduct, cooperation, and market impact.
Legal experts note that this is the first direct challenge to India’s revised penalty regime and the outcome could shape how big tech is regulated in one of the world’s fastest‑growing digital markets.
Key Highlights:
CCI tells court Apple’s petition is meant to stall ongoing antitrust proceedings.
Regulator says penalties are calculated individually, considering mitigating factors, not automatically on global turnover.
Apple contests use of global revenue for fines, warning of possible 38 billion dollar exposure.
Challenge targets 2024 Competition Act amendments and monetary penalty guidelines.
Case arises from probes into Apple’s alleged “abusive” App Store practices in India.
Verdict could set a crucial precedent for future Big Tech regulation in India.
Sources: Reuters, Indian Express, Hindustan Times, Moneycontrol.