Apple Urges Delhi HC To Stay CCI’s Final Hearing

SUMMARY

In a filing with the Delhi HC, Apple has accused the watchdog of exceeding its powers by forcing the tech company to submit its financials in connection with the antitrust case

The big tech major ⁠has now reportedly urged the Delhi High Court (HC) to urgently intervene in the matter and schedule a hearing on May ⁠15

The CCI has since 2024 sought Apple’s financials to calculate penalties in connection with antitrust case, but the tech giant has resisted, arguing it could be exposed to $38 Bn in penalties

iPhone maker Apple has reportedly urged the Delhi High Court (HC) to stop the Competition Commission of India (CCI) from scheduling a final hearing in an antitrust case related to the big tech giant’s alleged abuse of market dominance in the apps marketplace segment.

Citing court documents dated April 24, Reuters reported that Apple accused the watchdog of exceeding its powers by forcing the tech company to submit its financials in connection with the case.

Noting that it was already separately challenging India’s antitrust penalty rules before the Delhi HC, the iPhone maker termed the watchdog’s decision to schedule a final hearing in the case as an “escalation in its (CCI) efforts to usurp the Hon’ble Court’s authority”.

The big tech major ⁠has now reportedly urged the Delhi HC to urgently intervene in the matter and schedule a hearing on May ⁠15.

This comes weeks after the tech giant refused to submit key financial data sought by the CCI since October 2024. Instead, the company is said to have pointed to a separate case filed by it in the Delhi HC, challenging CCI’s penalty rules.

Subsequently, the CCI reportedly gave the company an ultimatum to submit its financials and scheduled a final hearing on May 21. It is this hearing that Apple has sought to put on hold.

The escalation comes five months after Apple approached the Delhi HC to block the CCI from accessing its global financial records. The company argued that sharing such data would weaken its ongoing legal challenge against India’s new penalty framework.

On the other hand, the CCI says that it needs the financial data to decide the size of penalty on the company. Apple previously contended that if global revenue is used, the fine could go up to $38 Bn.

Meanwhile, CCI has previously also rejected Apple’s request to pause the case until the Delhi HC decides on the penalty framework. The regulator said that the company appears to be delaying the process.

Notably, under India’s updated antitrust law, companies can be fined up to 10% of their average global turnover over three years, significantly raising Apple’s potential exposure.

At the heart of the matter is the antitrust complaint filed by a non-profit against Apple in 2021. Later, dating app Tinder’s parent Match Group and several Indian startups also raised similar concerns.

Subsequently in 2024, an investigation report by the CCI found that Apple had forced app developers to use its in-app payment system, thereby limiting competition. The watchdog also opined that Apple’s App Store acted as an “unavoidable trading partner” for developers, leaving them with little choice but to accept its terms, including commissions of up to 30%.

Apple denies the charges, arguing that it is a small player compared to ​Google’s Android, which is the dominant player in the country.

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