The CCI typically requires financial information from companies to calculate penalties when they are found to have contravened the law
Apple has not submitted data sought by India’s antitrust body after an investigation found the U.S. firm abused its dominant position in the iPhone apps market, prompting the watchdog to fast-track a decision on penalties to a final hearing next month.
The Competition Commission of India (CCI) said in an April 8 order that Apple has not submitted details of its financials and its views on the investigation since October 2024, and instead 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.
Apple, which denies any wrongdoing in the case, has said it fears it could be fined up to $38 billion if the watchdog uses its global turnover to calculate penalties in the case.
Apple has “been afforded adequate opportunities to file” its objections or suggestions to the investigation report and has also “not submitted the requisite financial information,” said the CCI order.
The Indian case is among the many Apple faces around the globe for antitrust breaches. India is a key market for Apple where its iPhones have a 9% market share, compared to just 4% two years ago, Counterpoint Research says.
Although the CCI has given Apple two more weeks to file its responses, it has for the first time fixed a final hearing date of May 21.
Lawyers said the setting of a final hearing date signals the watchdog is hardening its stance.
Apple has the opportunity right now to submit its financials supported by an auditor’s certificate and then argue on quantum of penalty during the hearing based on these financials, said Gautam Shahi, an antitrust partner at Dua Associates.
He said: In case it fails, its arguments on quantum of penalty will be constrained accordingly.
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