Apple could face a $ 38 billion fine in an antitrust battle in India after it refused to cooperate with the regulator. The Competition Commission of India (CCI) has found Apple guilty of abusing its dominant position in the smartphone market , but the company has not submitted the required financial data.
Apple in the sights of regulators
Apple has been the target of antitrust laws and investigations around the world, largely because of its control over app distribution. In most countries, the only way to buy an iPhone app is through App Store Apple's, where the company sets its own commission ratesthat developers must accept to offer their apps.
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Apple argues that it is not a dominant player in the overall smartphone app market, as Android has a larger share than iOS. However, regulators have ruled that the iPhone market is significant enough to classify Apple as dominant. In India, Apple's market share was 4% when the case began in 2021, but has since grown to about 9%.
The company is challenging the law in court and has asked the regulator to suspend its enforcement until the case is resolved, which is why it has not provided the financial information required by the CCI.
CCI plans to expedite the imposition of the fine as Apple runs out of time to comply with financial disclosure requirements.
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The CCI said in an April 8 ruling that Apple has not submitted its financial data or views on the investigation since October 2024. Apple denies any wrongdoing and fears that if the CCI uses its global turnover to calculate the penalties, the fine could reach $38 billion. Although the CCI has given Apple two more weeks to respond, it has set a final hearing date of May 21.
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An antitrust lawyer said that if Apple fails to comply with the CCI’s request for financial information, it could lose the opportunity to challenge the size of the fine. While the potential fine could be significant, many countries have caps on antitrust fines (based on a percentage of global turnover), and none have imposed fines anywhere near that amount.
