Apple Refuses to Submit Key Data, Indian Competition Regulator to Issue Final Antitrust Ruling in May
Following a recent order from India's antitrust authority, Apple has yet to submit relevant financial and opinion materials despite findings that the U.S. company abused its dominant position in the iPhone app market, prompting the regulator to accelerate the process and schedule a final hearing on the penalty issue next month.
The Competition Commission of India (CCI) stated in an order on April 8th that Apple has consistently failed to submit its financial data and views on the investigation’s findings since October 2024, instead citing another lawsuit it filed in the Delhi High Court, questioning the legality of India’s entire antitrust penalty legal framework. The CCI typically requires companies found in violation to provide financial information to calculate the amount of the penalty.
Apple denies any wrongdoing in the case and expressed concern that if the regulator calculates the penalty based on its global turnover, the amount could reach as high as $38 billion. The CCI stated in its order that Apple has been given “ample opportunity” to object to the investigation report or submit supplementary comments, but has still not submitted the required financial information. Neither Apple nor the CCI responded to Reuters’ requests for comment.
This Indian case is just one of several antitrust accusations Apple faces globally. India is a key growth market for Apple, with market research firm Counterpoint data showing that iPhones currently account for approximately 9% of the Indian smartphone market, up from just 4% two years ago. While the CCI has given Apple another two weeks to submit a response, the regulator has for the first time explicitly set May 21st as the date for the final hearing.
Several legal professionals believe that setting a final hearing date indicates a tougher stance from the regulator. Gautam Sahni, a partner at Dua Associates specializing in antitrust law, stated that Apple now has the opportunity to submit financial data certified by auditors and debate the “sentence” for the penalty at the hearing; if it misses this opportunity, its room for defense on sentencing issues will be limited.
The Apple case dates back to 2021, when a non-profit organization raised objections to Apple’s app store practices, followed by Match, the parent company of “Tinder,” and several Indian startups joining the opposition. CCI investigators issued a report in 2024 finding that Apple improperly profited by forcing developers to use its own in-app payment system, leveraging its dominant position in the app market. Apple argues that it is just a small player in the Android-dominated Indian market and therefore does not have a dominant position.
In its order on April 8th, the CCI also mentioned that Apple requested in March of this year to “suspend” the commission’s proceedings, citing its challenge to the penalty law in the Delhi High Court. However, the CCI rejected this request, repeatedly emphasizing that Apple is attempting to delay the substantive trial of the antitrust case by questioning the penalty law.