Delhi High Court issues notice on Apple’s plea against global turnover penalty rule; CCI says company ‘trying to stall proceedings’
The Competition Commission of India has sought details from Apple regarding its Indian turnover, which it has not yet provided to the regulatory body, even as it is expected to furnish them by December 8.
3 min readNew DelhiUpdated: Dec 2, 2025 10:03 AM IST
Under the amended law, based on Apple’s average global turnover from all its services over three fiscal years up to 2024, the tech giant’s “maximum penalty exposure” at a 10 per cent rate could amount to around $38 billion. (File)
The Delhi High Court Monday issued notice on a plea filed by Apple Inc challenging the amendment to the Competition Act in 2024, allowing the Competition Commission of India (CCI) to impose penalties based on a company’s global turnover.
As the technology giant challenged the amendments to the Competition Act, the Competition Commission of India said Apple’s petition is only an attempt to stall the antitrust proceedings it is currently facing before the forum.
A key aspect of Apple’s challenge to the amendments is the change in the calculation of antitrust penalties, aimed at preventing unfair business practices, including the establishment of monopolies.
While before the amendments the penalty was calculated from “relevant turnover”, which meant turnover generated from a particular infringing goods or service in relation to the alleged contravention by an enterprise, the amendment now includes the imposition of a penalty based on global turnover.
Under the amended law, based on Apple’s average global turnover from all its services over three fiscal years up to 2024, the tech giant’s “maximum penalty exposure” at a 10 per cent rate could amount to around $38 billion.
On Monday, CCI’s counsel said before a Division Bench of Chief Justice D K Upadhyaya and Justice Tushar Rao Gedela that “penalty is only one consequence, which is very insignificant when we look at these tech companies because I don’t think a fine of ($) 200 million is going to matter.”
Apple is already under probe by CCI since 2022, when it had ordered an investigation into its App Store practices based on separate complaints filed by Tinder-owner Match Group and a little-known, non-profit group called Together We Fight Society (TWFS), both of which argued that Apple’s fee of up to 30 per cent on in-app purchases hurt competition by raising costs for app developers and customers.
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In 2024, CCI found that Apple exploited its dominant position in the apps market. In a confidential report on June 24, 2024, CCI said, “Apple App Store is an unavoidable trading partner for app developers, and resultantly, app developers have no choice but to adhere to Apple’s unfair terms, including the mandatory use of Apple’s proprietary billing and payment system.”
At present, CCI has sought details from Apple regarding its Indian turnover, which it has not yet provided to the regulatory body, even as it is expected to furnish them by December 8.
Senior Advocate Abhishek Manu Singhvi, appearing for Apple, however, informed the court that it will seek an extension from the CCI. “I [Apple Inc] can’t give it [the data of Indian turnover] by December 8 anyway. It’s not publicly available; it has to be collated.”
Pointing out before the court that the iPhone maker has already sought six extensions, CCI added, “Today, (Apple) coming to court, when the preliminary report is out after investigation, they are coming to court to stall (the CCI proceedings).”
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The bench issued notice on Apple’s plea, seeking responses from the Centre through its Ministry of Corporate Affairs and regulator CCI.
The court will hear the matter next on December 16.
Sohini Ghosh is a Senior Correspondent at The Indian Express. Previously based in Ahmedabad covering Gujarat, she recently moved to the New Delhi bureau, where she primarily covers legal developments at the Delhi High Court
Professional Profile
Background: An alumna of the Asian College of Journalism (ACJ), she previously worked with ET NOW before joining The Indian Express.
Core Beats: Her reporting is currently centered on the Delhi High Court, with a focus on high-profile constitutional disputes, disputes over intellectual property, criminal and civil cases, issues of human rights and regulatory law (especially in the areas of technology and healthcare).
Earlier Specialty: In Gujarat, she was known for her rigorous coverage in the beats of crime, law and policy, and social justice issues, including the 2002 riot cases, 2008 serial bomb blast case, 2016 flogging of Dalits in Una, among others.
She has extensively covered health in the state, including being part of the team that revealed the segregation of wards at the state’s largest government hospital on lines of faith in April 2020.
With Ahmedabad being a UNESCO heritage city, she has widely covered urban development and heritage issues, including the redevelopment of the Sabarmati Ashram
Recent Notable Articles (Late 2025)
Her recent reporting from the Delhi High Court covers major political, constitutional, corporate, and public-interest legal battles:
High-Profile Case Coverage
She has extensively covered the various legal battles - including for compensation under the aegis of North East Delhi Riots Claims Commission - pertaining to the 2020 northeast Delhi riots, as well as 1984 anti-Sikh riots.
She has also led coverage at the intersection of technology and governance, and its impact on the citizenry, from, and beyond courtrooms — such as the government’s stakeholder consultations for framing AI-Deepfake policy.
Signature Style
Sohini is recognized for her sustained reporting from courtrooms and beyond. She specialises in breaking down dense legal arguments to make legalese accessible for readers. Her transition from Gujarat to Delhi has seen her expand her coverage on regulatory, corporate and intellectual property law, while maintaining a strong commitment to human rights and lacuna in the criminal justice system.
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