Apple Withholds Data as India Antitrust Case Advances to Final Hearing

Apple is facing a fast-track decision on regulatory penalties in India because it has not submitted data sought by the country's antitrust body as part of an investigation into its market practices.

The Competition Commission of India (CCI) ⁠published a report in 2024 that Apple exploited its dominant position in the apps market by forcing developers to use its proprietary in-app purchase system. The report was the result of a case that began in 2021​ after a non-profit group opposed Apple's practices.

Apple in 2024 denied any wrongdoing by arguing that it is a minor presence in India. However, nowadays iPhones have an 9% market share in the country compared to just 4% two years ago, according to data from Counterpoint Research, potentially weakening its case.

According to Reuters, the CCI this month said that Apple has not submitted details of its financials ​and its views on the investigation since October 2024. Instead, Apple has cited a separate case pending in the ​Delhi High Court where the company has challenged India's entire antitrust penalty law.

The CCI typically requires financial ⁠information from companies to calculate penalties when they are found to have contravened the law, but Apple has said it fears it could be fined up to $38 billion. Apple last year said that using global turnover would result in a fine that's "manifestly arbitrary, unconstitutional, grossly disproportionate, and unjust."

Apple in March requested that the CCI put its proceedings "in abeyance" while the High Court case plays out, but the CCI has rejected that demand and suggested Apple is trying to stall the antitrust case, which is just one of many that the company is facing around the globe.

The CCI has given Apple two more weeks to file its responses and has for the first time fixed a final hearing date of May 21.

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