India’s competition authority has signaled it will conclude penalty proceedings against Apple after the U.S. technology firm stopped supplying financial information requested as part of an investigation that found Apple abused its dominant position in the iPhone apps market. An April 8 order from the Competition Commission of India (CCI) shows the regulator has set a final hearing for May 21.
The CCI’s order, which is not publicly posted but was reviewed by Reuters, states Apple has not provided financial details or its formal responses to the investigation since October 2024. Instead, the company pointed the regulator to a separate legal action in the Delhi High Court, where Apple has challenged the constitutionality of India’s antitrust penalty law and asked the court to stay proceedings.
The watchdog declined Apple’s March request to suspend the CCI process while the high court considers the challenge to the penalty law. In its April 8 order, the CCI said Apple had "been afforded adequate opportunities to file" its objections or suggestions to the investigators’ report and had "not submitted the requisite financial information." The regulator said the company cited the pending high court case but nonetheless failed to deliver the financial data that would typically be used to calculate any penalty.
Under CCI practice, financial information from the respondent is generally used to determine the quantum of penalties when a contravention is established. Apple has denied any wrongdoing in the probe and has warned it could face fines of up to $38 billion if the watchdog applies global turnover as the basis for penalty calculations. The CCI and Apple did not respond to Reuters requests for comment.
Legal counsel and observers note that the scheduling of a final hearing represents a significant procedural step. "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 added that if Apple does not provide those financials, its ability to contest the penalty amount could be restricted.
The CCI’s action follows an investigation that dates back to 2021, initiated after complaints from a non-profit group opposed to Apple’s in-app practices. Subsequent complaints were filed by Match Group, the owner of Tinder, and a number of Indian startups. CCI investigators released a report in 2024 finding that Apple exploited its dominant position by requiring developers to use its proprietary in-app purchase system for iPhone apps.
Apple has defended its practices by saying it is a relatively small player in the Indian market compared with Android handset makers. Counterpoint Research data cited in the CCI-related materials note Apple’s iPhone market share in India is 9%, up from about 4% two years earlier.
In its April order the CCI said it perceived the company’s approach as an attempt to delay the antitrust process. The watchdog has nonetheless given Apple two additional weeks to file its responses before the matter proceeds to the final hearing on May 21, the first time the regulator has fixed a conclusive date in the case.
Contextual note: The proceedings referenced here relate to the CCI’s internal process and the company’s parallel challenge to India’s penalty law in the Delhi High Court. The CCI’s April 8 order and the investigators’ 2024 report frame the current status: the watchdog concluded that Apple's app market practices were abusive; Apple has denied wrongdoing and is contesting the legal basis for penalty calculation; and the CCI has moved to conclude penalty proceedings.