Apple Withholds Data as India Antitrust Case Advances to Final Hearing

[MacRumors]

Apple is facing a fast-track decision on regulatory penalties in India because it has not submitted data sought by the country's antitrust body as part of an investigation into its market practices.

The Competition Commission of India (CCI) ⁠published a report in 2024 that Apple exploited its dominant position in the apps market by forcing developers to use its proprietary in-app purchase system. The report was the result of a case that began in 2021 after a non-profit group opposed Apple's practices.

Apple in 2024 denied any wrongdoing by arguing that it is a minor presence in India. However, nowadays iPhones have an 9% market share in the country compared to just 4% two years ago, according to data from Counterpoint Research, potentially weakening its case.

According to Reuters, the CCI this month said that Apple has not submitted details of its financials and its views on the investigation since October 2024. Instead, Apple has cited a separate case pending in the Delhi High Court where the company has challenged India's entire antitrust penalty law.

The CCI typically requires financial ⁠information from companies to calculate penalties when they are found to have contravened the law, but Apple has said it fears it could be fined up to $38 billion. Apple last year said that using global turnover would result in a fine that's "manifestly arbitrary, unconstitutional, grossly disproportionate, and unjust."

Apple in March requested that the CCI put its proceedings "in abeyance" while the High Court case plays out, but the CCI has rejected that demand and suggested Apple is trying to stall the antitrust case, which is just one of many that the company is facing around the globe.

The CCI has given Apple two more weeks to file its responses and has for the first time fixed a final hearing date of May 21.

Note: Due to the political or social nature of the discussion regarding this topic, the discussion thread is located in our Political News forum. All forum members and site visitors are welcome to read and follow the thread, but posting is limited to forum members with at least 100 posts.

Article Link: Apple Withholds Data as India Antitrust Case Advances to Final Hearing

 

[I7guy]

9% and a dominant position in the apps market?

 

[DelayedGratificationGene]

Ridiculous case. Apple knows it will go nowhere.

 

[antnythr]

If you operate in a country, you need to follow the laws of the country.

 

[antnythr]

9% and a dominant position in the apps market?

100% dominance of the iPhone app market. You may disagree, but that’s why they’re finding themselves in antitrust proceedings all over the world.

 

[ChrisMac47]

If you operate in a country, you need to follow the laws of the country.

Of course, every international company outside the tech market knows this and abides by local rules. But the tech bros are arrogant, rules do not apply to them!

 

[ghanwani]

They've been paying anti-trust fines in several other countries and India wants in on the party!

 

[switz]

Tis easier to steal the technology that Apple developed over 50 years than to do the work to create their own technolopgy. Shows up all over the world.

If they kill the golden goose, the merry-go-round stops and the barnyard products of the "others" will become the only choices.

 

[Unregistered 4U]

“However, Apple went from having a minor presence to… having a minor presence. And that might hurt their claim that they have a minor presence.”

 

[switz]

Their leaders want the private yachts and corporate jets too! Just have Apple Pay for them. Corruption is the word for lack of innovation and development in many parts of the world.

 

[ChrisMac47]

Their leaders want the private yachts and corporate jets too! Just have Apple Pay for them. Corruption is the word for lack of innovation and development in many parts of the world.

Corruption is the word for lack of innovation and development in many parts of the world, including the US big time (Trump and cronies).

 

[I7guy]

100% dominance of the iPhone app market. You may disagree, but that’s why they’re finding themselves in antitrust proceedings all over the world.

Yes. We do disagree. 9% no matter how you slice it it well a minority.

 

[antnythr]

Yes. We do disagree. 9% no matter how you slice it it well a minority.

You’re disagreeing on something that has nothing to do with the investigation.

Discussion of Apple having 9% of phone market share, which you are incorrectly focusing on for some reason, is irrelevant when the discussion is about market share of iOS App Distribution, which Apple controls 100% of.

 

[mansplains]

Apple has said it fears it could be fined up to $38 billion

That’s a lot of gift cards!

 

[surferfb]

You’re disagreeing on something that has nothing to do with the investigation.

Discussion of Apple having 9% of phone market share, which you are incorrectly focusing on for some reason, is irrelevant when the discussion is about market share of iOS App Distribution, which Apple controls 100% of.

And McDonalds controls 100% of the Big Mac market. That doesn't mean Burger King should be able to sell McDonalds hamburgers.

 

[I7guy]

You’re disagreeing on something that has nothing to do with the investigation.

Discussion of Apple having 9% of phone market share, which you are incorrectly focusing on for some reason, is irrelevant when the discussion is about market share of iOS App Distribution, which Apple controls 100% of.

Yes that is the problem in my opinion. Apple is entitlement coMyron it’s App Store and they still have 9% market share.

If Apple walks one iPhone in India as ridiculous as it is they would end up in the same place.

 

[BaldiMac]

You’re disagreeing on something that has nothing to do with the investigation.

Discussion of Apple having 9% of phone market share, which you are incorrectly focusing on for some reason, is irrelevant when the discussion is about market share of iOS App Distribution, which Apple controls 100% of.

Contrary to your claim, that disagreement is the crux of the argument. How to define the market is often fundamental to antitrust claims. Of course, I don’t pretend to have any idea on how courts in India will define it.

Here in the US, the courts rejected your argument that the applicable market is iOS apps.

 

[amartinez1660]

Yes. We do disagree. 9% no matter how you slice it it well a minority.

I think he was being sarcastic.
The two sets of Mac Pro wheels that have ever been sold also represent the majority 100% of Mac Pro Wheels portion not even locally but worldwide. Scratch that, galaxy-wide.

 

[amartinez1660]

9% and a dominant position in the apps market?

And McDonalds controls 100% of the Big Mac market. That doesn't mean Burger King should be able to sell McDonalds hamburgers.

I was going to comment on this thread, especially because of such illogical comments. But you guys beat me to it time wise and quality wise, couldn’t have a better analogy.

The world is going crazy in any case, these people are in favor of being fined worldwide (I can only wish that India and the EU somehow gets in their salary pockets one day wherever they may be), will somehow do a mental gymnastic to justify how an Apple as a tech business deserves it but any other online or retail software store of any other type is “totally and completely different”, etc

These people won’t ever affect my sleep and actually makes me feel comfortable that ultimately there’s less competition for the rest.

 

[ChrisMac47]

If you do business in a country, you have to follow their laws. This applies to companies doing business in the US, EU, India, China or any other country. The vast majority of companies obey local laws ... I worked in medtech, and of course we respected local laws, that was just part of doing business, as well as respect.

But the tech companies ... including, but not only, Apple ... are staggeringly arrogant, they are "more important", and constantly ignore local laws that they do not like. It's time they stopped their tech-exceptionalism and showed some humility and respect.

 

[AppliedMicro]

9% and a dominant position in the apps market?

9% of the smartphone market doesn’t mean 9% of the smartphone app market.

 

[I7guy]

9% of the smartphone market doesn’t mean 9% of the smartphone app market.

It means 9% of apple customers could potentially use the App Store.

 

[chmania]

The CCI typically requires financial ⁠information from companies to calculate penalties when they are found to have contravened the law, but Apple has said it fears it could be fined up to $38 billion. Apple last year said that using global turnover would result in a fine that's "manifestly arbitrary, unconstitutional, grossly disproportionate, and unjust."

Unconstitutional? Where? In India? 😀

 

[surferfb]

Unconstitutional? Where? In India? 😀

Yes. India has a constitution, a the Indian government can do things that are unconstitutional.

Article 14 of that constitution has been interpreted by India’s Supreme Court to mean that “manifestly arbitrary” state action violates that Article and is unconstitutional. I’m not a lawyer, let alone an Indian lawyer, so I have no idea as to whether or not the argument has merit.

The insinuation that Apple doesn’t understand the US constitution and laws don’t apply overseas is silly.

 

[chmania]

Yes. India has a constitution, a the Indian government can do things that are unconstitutional.

That's alright. It's India, and they'd take care of their own problems without interpreting that with an ancient constitution of the US, still living in the world of 237 years ago, when there were no asphalted roads, running water or toilets.