Author: Aditya Kalra
NEW DELHI, Jan 15 (Reuters) – India has given Apple Inc a final warning that it will file an antitrust case against the U.S. tech giant, a confidential order showed, as the company delayed responding to officials for more than a year and undermined the probe.
Apple said it fears it could be fined up to $38 billion if India’s competition watchdog uses its global turnover calculations to impose penalties after an investigation found it abused its position in the App Store. Apple denies the accusations and has challenged the penalty rules in an Indian court, where the case is still pending.
While the Delhi High Court is still hearing the challenge, a confidential order issued by the Competition Commission of India (CCI) on December 31 shows that Apple has privately sought to stay the entire case while the penalty rule dispute is before the courts. The CCI rejected the request.
The regulator said it asked Apple in October 2024 to dispute the findings and provide financial details typically used to assess penalties, but that the company had received “multiple extensions” since then.
The CCI said in its order, seen by Reuters, “The Commission is of the considered view that despite clear instructions, repeated delays would undermine procedural discipline and hinder the timely conclusion of the proceedings.”
“This connivance cannot continue indefinitely,” it added. It issued a final warning to Apple that it would handle the case unilaterally if it didn’t receive a response by next week.
Apple did not respond to inquiries from Reuters.
Apple views the CCI’s December order as a move to preempt ongoing court proceedings and is unlikely to respond to it before a judge hears the order on January 27, a person familiar with the matter said.
Tinder owner Match and the Indian startup have been locked in an antitrust battle with Apple since 2022. Investigators issued a report in 2024 stating that U.S. smartphone companies engaged in “abusive practices” in the iOS app market.
(Reporting by Aditya Kalra; Editing by Louise Heavens)