Apple withholds data in India antitrust case as watchdog sets final hearing date

CCI moves toward decision on penalties amid dispute over financial disclosures

Apple has not submitted financial data requested by India’s antitrust regulator following findings that the U.S. firm abused its dominant position in the iPhone apps market, prompting the watchdog to fast-track the case toward a final hearing next month, according to an official order.

The Competition Commission of India said in an April 8 order that Apple has not provided details of its financials or responded to aspects of the investigation since October 2024. Instead, the company cited a separate case pending before the Delhi High Court in which it is challenging India’s broader antitrust penalty framework. The regulator typically requires financial disclosures to determine penalties in cases where violations are established.

Apple, which denies any wrongdoing, has argued that it could face penalties of up to $38 billion if the watchdog calculates fines based on its global turnover.

According to the CCI order, which is not publicly available but was reviewed by Reuters, Apple has “been afforded adequate opportunities to file” its objections to the investigation report but has still not submitted the required financial information.

The case is part of a wider set of antitrust probes faced by Apple globally. India remains an important market for the company, where its iPhone market share has risen to 9%, compared with 4% two years earlier, according to Counterpoint Research.

Although the CCI has granted Apple an additional two weeks to respond, it has for the first time fixed a final hearing date for May 21.

Hearing date marks significant procedural step

Legal experts say the setting of a final hearing date signals a firmer stance by the regulator.

“Apple has the opportunity right now to submit its financials supported by an auditor’s certificate and then argue on quantum of penalty during the hearing based on these financials,” said Gautam Shahi, an antitrust partner at Dua Associates. “In case it fails, its arguments on quantum of penalty will be constrained accordingly.”

The investigation began in 2021 after a complaint by a non-profit organisation challenged Apple’s app store practices. Later, Match Group, which owns Tinder, along with several Indian startups, also raised concerns against the company.

In 2024, CCI investigators concluded in a report that Apple had abused its dominant position in the apps market by requiring developers to use its proprietary in-app payment system.

Apple maintains that it is a relatively small player in India’s smartphone market, where devices using Google’s Android operating system dominate.

The watchdog also noted that Apple had requested in March for its proceedings to be paused while the Delhi High Court considers its challenge to the penalty law.

The CCI rejected the request, stating that Apple appeared to be attempting to delay the antitrust proceedings by contesting the legal framework separately.