Apple Challenges Indian Antitrust Law Over Potential $38 Billion Fine Risk

Apple Saket storefront displaying Apple’s products and accessories.
Apple Saket (Delhi) Storefront. Source: Apple

As reported by Reuters, Apple has approached the Delhi High Court to contest a recent amendment to India’s antitrust laws. At the heart of the dispute is a regulation that allows the Competition Commission of India (CCI) to calculate penalties based on a company’s global turnover rather than just the revenue generated within India. Apple argues that this change exposes them to an unprecedented financial risk, potentially amounting to a staggering $38 billion fine.

The controversy centers on a 2024 amendment to India’s competition law. Previously, penalties for antitrust violations were calculated based on “relevant turnover”—essentially, the revenue derived specifically from the product or service under investigation within the country. The new rule, however, expands this scope to include a company’s entire worldwide income. Apple’s filing describes this shift as “manifestly arbitrary, unconstitutional, grossly disproportionate, and unjust,” arguing that it unfairly targets global giants with diversified businesses.

This legal preemptive strike stems from an ongoing investigation launched in 2022 following complaints from Match Group (owners of Tinder) and local startups regarding Apple’s App Store policies. While the CCI has tentatively found Apple guilty of “abusive conduct” regarding in-app payments, no final penalty has been levied yet. Apple’s urgency to file this petition was reportedly triggered after the CCI applied the new global turnover rule retrospectively in an unrelated case earlier this month, sparking fears that the iPhone maker could face similar treatment.

The Delhi High Court is scheduled to hear Apple’s plea on December 3. This case is shaping up to be a landmark moment for foreign tech companies operating in India, as the outcome could set a precedent for how multinational corporations are regulated in one of the world’s fastest-growing digital markets. While Apple claims to be a relatively small player in India compared to Google’s Android, the stakes of this legal battle are undoubtedly massive.

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