The Delhi High Court has asked the CCI to not pass any final orders in its ongoing antitrust probe against Apple over alleged abuse of dominance in the App Store market.
“We had issued notice only after finding something considerable in the matter. Do not make this petition infructuous. Proceed, but do not take final order,” the HC said
Following the court’s observations, the CCI assured the HC that it would not pass any final order in the case
The Delhi High Court has asked the Competition Commission of India (CCI) to not pass any final orders in its ongoing antitrust probe against Apple over alleged abuse of dominance in the App Store market.
A division bench led by Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia observed that passing a final order in the matter at this stage could create “complications”, as Apple’s separate challenge to India’s antitrust penalty framework is still pending before the Delhi HC, Bar and Bench reported.
“We had issued notice only after finding something considerable in the matter. Do not make this petition infructuous. Proceed, but do not take final order,” the HC said.
Following the court’s observations, the CCI assured the HC that it would not pass any final order in the case.
Notably, the HC’s observations came days after Apple reportedly moved the Delhi HC seeking to restrain the CCI from proceeding with the final hearing in the antitrust case, alleging that the watchdog was overstepping its powers by seeking the company’s financial records while its challenge to India’s antitrust penalty rules remains pending before the court.
Appearing for Apple, senior advocate Abhishek Manu Singhvi said while the company’s constitutional challenge to the Competition Act is slated to be heard in July, the CCI has already scheduled the final hearing in the antitrust case for May 21.
Following this, the HC directed Apple to cooperate with the ongoing proceedings.
Apple has maintained that its legal challenge is not an attempt to delay the proceedings and claimed that it has cooperated with the investigation throughout.
The company has argued that India’s revised penalty framework could allow retrospective penalties based on global turnover, which it says goes against the Supreme Court’s ruling in the Excel Crop case and gives excessive discretionary powers to the CCI.
The latest development comes amid a widening dispute between Apple and the competition watchdog over the regulator’s demand for Apple’s global financial records to determine the extent of potential penalties.
The antitrust case stems from a 2021 complaint filed by a non-profit organisation, with Match Group and several Indian startups later raising similar concerns.
The standoff escalated after Apple reportedly refused to submit the financial data sought by the CCI since October 2024. The regulator later issued an ultimatum and scheduled the final hearing for May 21. Apple, however, argued that sharing its global financial data could weaken its ongoing legal challenge against India’s revised penalty framework.
Under India’s amended competition law, companies found guilty of anti-competitive practices or abusing their dominant market position can face penalties of up to 10% of their average global turnover over the past three years. Apple has argued that this could expose it to penalties of as much as $38 Bn.
In its June 24 investigation report, the CCI said Apple’s App Store had become an “unavoidable trading partner” for app developersforcing them to use the company’s in-app payment system and comply with its terms. The regulator also noted that Apple charged commissions of up to 30% on transactions.
Apple has so far denied the allegations, maintaining that it remains a small player in India’s smartphone market compared to Google’s Android ecosystem.
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