Apple Asks Indian Court to Block Antitrust Law Allowing $38 Billion Fine

[MacRumors]

Apple is fighting an antitrust penalty law in India that could require it to pay massive fines in its ongoing antitrust dispute with Tinder owner Match, reports Reuters.

Last year, India passed a law that allows the Competition Commission of India (CCI) to use global turnover when calculating penalties imposed on companies for abusing market dominance. Apple can be fined up to 10 percent, which would result in a penalty of around $38 billion. Apple said that using global turnover would result in a fine that's "manifestly arbitrary, unconstitutional, grossly disproportionate, and unjust."

Apple is asking India's Delhi High Court to declare the law illegal, suggesting that penalties should be based on the Indian revenue of the specific unit that violates antitrust law.

Apple has been fighting an antitrust lawsuit in India since 2022 against dating app Match and several Indian startups. The CCI released a pair of reports last year suggesting that Apple had engaged in "abusive conduct and practices" because it required developers to use its in-app purchase system. The CCI was forced to recall its investigative reports because they contained confidential information about Apple's business practices, resulting in a delay of several months. No final decision has been made, and a penalty has yet to be levied against Apple. Apple maintains that it has not done anything wrong, and argues that it has a very small share of the smartphone market in India because Android devices are much more popular.

Apple said in today's filing that the CCI used the new penalty law on November 10 in an unrelated case, fining a company for a violation that happened 10 years ago. Apple said it had "no choice but to bring this constitutional challenge now" to avoid having retrospective penalties applied against it, too.

Match has argued that a high fine based on global turnover would discourage companies from repeating antitrust violations. Apple's plea will be heard on December 3.

Article Link: Apple Asks Indian Court to Block Antitrust Law Allowing $38 Billion Fine

 

[SFjohn]

It seems every country is looking to fine Apple 10% of its worldwide income, they pass laws tailored to go after Apple. Find them infringing the law they wrote, and voila: a golden ticket for instant multi billionaire income. 😂

 

[Zc456]

Apple: “I’m just a poor helpless person.”

 

[sw1tcher]

Maybe Tim Cook should try this first?

 

[Unregistered 4U]

Apple marketshare in India… which should probably be mentioned… 9%. They have less marketshare than “Other”. Funny how some regions define “market dominance”.

 

[macfacts]

no one is forcing tim to do business in India.

 

[Smartuser]

no one is forcing tim to do business in India.

The dumb response of someone who can’t engage with any arguments. Every country can come up with something if it really wants to.

 

[ThailandToo]

I hope Apple keeps losing massively until the anticompetitive behavior stops.

 

[CharlesShaw]

"What's that, Lassie? Quick, everyone, buy another iPhone Pro Max!"

 

[Lampekap]

It's Apple's ecosystem. If you don't like it as developer, don't develop for it. Why do "all these alternavive app store builders" even get government protection? If I want to open a physical store, does the government fine the existing chains?

 

[Zc456]

It's Apple's ecosystem. If you don't like it as developer, don't develop for it.

When everyone is on said ecosystem, telling someone not to develop for it is hardly an option.

 

[akidd]

I hope Apple keeps losing massively until the anticompetitive behavior stops.

So you want a ‘wild west’ where if what you put on your phone is untested and you have no comeback, rather than a system that prevents this? Mmm.

 

[Unregistered 4U]

When everyone is on said ecosystem, telling someone not to develop for it is hardly an option.

In India, hardly anyone is on said ecosystem. 91% are on Android. They could simply implore their citizens to buy Android devices and tell everyone using Apple devices you’re on your own and that would solve the problem.

 

[WarmWinterHat]

So you want a ‘wild west’ where if what you put on your phone is untested and you have no comeback, rather than a system that prevents this? Mmm.

Yes, it’s been that way with my computers for 30 years, without issue.

I can make my own decisions. If you don’t to use alternate app stores, then don’t. The App Store isn’t going away.

Don’t live in fear, friend!

 

[Lampekap]

When everyone is on said ecosystem, telling someone not to develop for it is hardly an option.

Well, you can develop for it, you just have to pay 15% to Apple if your app makes less than $1M, or 30% if you make $1M+. You just can not develop an app store for it. If you want to sell a product in a store, expect a store to ask a percentage.

 

[sw1tcher]

So you want a ‘wild west’ where if what you put on your phone is untested and you have no comeback, rather than a system that prevents this? Mmm.

I want to be able to get iOS apps like I can macOS apps without restriction or Apple telling me what's acceptable. If macOS is a scary "wild west" then why do you use a Mac?

 

[justanotherdave]

I hope Apple keeps losing massively until the anticompetitive behavior stops.

What anticompetitive behavior is that? The one where made-up rules targeting Apple but leaving local home-grown businesses doing the exact same things exempt?

 

[justanotherdave]

Yes, it’s been that way with my computers for 30 years, without issue.

I can make my own decisions. If you don’t to use alternate app stores, then don’t. The App Store isn’t going away.

You don’t have the right to reduce the privacy/security of my devices because you want to side-load Apps.

Sticking to The App Store doesn’t protect users from people using alternate stores.

 

[justanotherdave]

I want to be able to get iOS apps like I can macOS apps without restriction or Apple telling me what's acceptable. If macOS is a scary "wild west" then why do you use a Mac?

Logical fallacy. Nobody has said macOS is the “Wild West”. But is it less secure than iOS. Doesn’t mean macOS is garbage. iOS could be 99% secure and macOS 96% secure. Apple doesn’t want to reduce iOS to 96% since your smartphone is your most personal device with far more valuable information than you computer.

 

[Zc456]

In India, hardly anyone is on said ecosystem. 91% are on Android.

Just because India has a large population on Android doesn’t mean developers should ignore that other 11% or the world outside their borders. Not to mention having two options still doesn’t leave you with a lot of wiggle room. They don’t call it a duopoly for nothing.