Apple approaches Delhi High Court to prevent CCI from accessing its global earnings data over antitrust case

The legal tussle between Apple Inc. and India’s antitrust regulator has escalated, with the Cupertino-based tech giant approaching the Delhi High Court to block the Competition Commission of India (CCI) from accessing its global financial data.

The move comes as the regulator intensifies its probe into Apple’s App Store practices, which have been under fire for alleged anti-competitive behaviour.

Apple’s primary contention lies in a controversial 2024 amendment to India’s competition law. This provision empowers the CCI to calculate penalties based on a company’s global turnover rather than just its India-specific revenue.

Apple has labelled this framework "arbitrary, unconstitutional, and grossly disproportionate," warning that it could expose the company to a staggering fine of up to $38 billion (approximately Rs 3.48 lakh crore), a figure calculated on its worldwide sales of hardware and services.

The tech giant argued in its latest filing that penalising conduct restricted to the Indian market by using global turnover is a breach of legal principles. Apple maintains that any potential penalty should have a "rational nexus" with the alleged violation within the country.

The CCI, however, remains unmoved. In a confidential order dated December 31, the regulator rejected Apple’s request to pause the proceedings until the court decides on the legality of the penalty rules, accusing Apple of "undermining procedural discipline" by seeking repeated extensions since October 2024.

The commission further argued that global turnover-based fines are essential to ensure "real deterrent value" against deep-pocketed multinationals that might otherwise treat India-only fines as a mere cost of doing business.

The Delhi High Court is scheduled to hear the matter on January 27, for now, the iPhone maker remains locked in a high-stakes stand-off with the Indian government over the price of doing business in one of its fastest-growing markets.