CCI says Apple withheld financials since Oct 2024, citing Delhi Excessive Courtroom antitrust case
Apple iPhones are seen inside India’s first Apple retail retailer throughout a media preview, a day forward of its launch in Mumbai, India, April 17, 2023. PHOTO: REUTERS
Apple has not submitted knowledge sought by India’s antitrust physique after an investigation discovered the US agency abused its dominant place within the iPhone apps market, prompting the watchdog to fast-track a choice on penalties to a closing listening to subsequent month, an order reveals.
The Competitors Fee of India (CCI) mentioned in an April 8 order that Apple has not submitted particulars of its financials and its views on the investigation since October 2024, and as a substitute cited a separate case pending within the Delhi Excessive Courtroom the place the corporate has challenged India’s complete antitrust penalty regulation.
The CCI sometimes requires monetary data from corporations to calculate penalties when they’re discovered to have contravened the regulation.
Apple, which denies any wrongdoing within the case, has mentioned it fears it might be fined as much as $38 billion if the watchdog makes use of its international turnover to calculate penalties within the case.
Apple has “been afforded ample alternatives to file” its objections or ideas to the investigation report and has additionally “not submitted the requisite monetary data”, mentioned the CCI order, which isn’t public however was reviewed by Reuters.
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Apple and the CCI didn’t reply to Reuters queries.
The Indian case is among the many many Apple faces across the globe for alleged antitrust breaches. India is a key marketplace for Apple the place its iPhones have an 9% market share, in comparison with simply 4% two years in the past, Counterpoint Analysis says.
Though the CCI has given Apple two extra weeks to file its responses, it has, for the primary time, mounted a closing listening to date of Could 21.
Listening to date important step
Attorneys mentioned the setting of a closing listening to date indicators the watchdog is hardening its stance.
“Apple has the chance proper now to submit its financials supported by an auditor’s certificates after which argue on quantum of penalty throughout the listening to based mostly on these financials,” mentioned Gautam Shahi, an antitrust companion at Dua Associates.
“In case it fails, its arguments on quantum of penalty can be constrained accordingly.”
The Apple case began method again in 2021 after a non-profit group opposed Apple’s practices. Later, Tinder-owner Match and Indian startups additionally opposed Apple.
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CCI investigators issued a report in 2024 that Apple exploited its dominant place within the apps market by forcing builders to make use of its proprietary in-app buy system.
Apple denies wrongdoing by arguing it’s a small participant in India, the place telephones that use Google’s Android system are dominant.
In its April 8 order, the watchdog additionally famous Apple requested the CCI in March to place its proceedings “in abeyance” whereas the Delhi Excessive Courtroom hears its problem to the penalty regulation.
The CCI rejected that demand. The watchdog has maintained that Apple is making an attempt to stall the antitrust case by difficult the penalty regulation.
