When Giants Clash: Apple’s $38B Gamble Against India’s Antitrust Law

Updated: November 28, 2025 22:07

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Apple has challenged India’s new antitrust law in the Delhi High Court, arguing it could face a $38 billion fine if penalties are based on global turnover. The case centers on Apple’s App Store practices and could set a precedent for how global tech firms are regulated in India.

Apple has escalated its legal battle in India, filing a constitutional challenge in the Delhi High Court against the country’s new antitrust penalty law. The company argues that the law, which allows the Competition Commission of India (CCI) to impose fines based on a company’s global turnover, could expose Apple to a staggering $38 billion penalty—a figure that could set a precedent for future regulatory actions against global tech firms in India.

Key Highlights:

Unprecedented Fine Risk: Apple warns that the revised antitrust law could result in a penalty as high as $38 billion, calculated as 10% of its average global revenue from all services over the past three fiscal years.
Constitutional Challenge: The company claims the law is “manifestly arbitrary, unconstitutional, grossly disproportionate, and unjust,” arguing that fines should only be levied on Indian revenues linked to the alleged violations, not global turnover.
App Store Practices in Focus: The CCI investigation centers on Apple’s App Store, specifically its mandatory use of Apple’s in-app payment system and commissions up to 30%, which the regulator claims restrict developer choice and create a monopoly.
Retrospective Application Concerns: Apple also objects to the law’s retrospective application, fearing penalties could be imposed for past actions, a move it says undermines legal certainty for businesses.
Market Share Context: Despite Apple’s relatively small share in India compared to Android, its user base has quadrupled in the last five years, amplifying the regulatory spotlight.

Industry Implications

The case marks the first legal challenge to India’s revised antitrust penalty framework, with potential ripple effects for other global companies operating in the country. The CCI’s findings and Apple’s arguments will be closely watched as the tech giant seeks to protect its business model and avoid what could become one of the largest corporate fines in Indian history.

Source: Indian Express, CNBC, Reuters, Times of India, ETtech, Bar & Bench, TechRepublic, Yahoo Finance, Entrepreneur, India Today, Neweconomy, CCI, SSRANA

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