Apple fights India antitrust authority over access to global financials

Apple’s dispute with the Competition Commission of India (CCI) seems to be heating up ahead of next week’s hearing. Here are the details.

Apple asks court to prevent the ICC from getting global turnover documents

Last week, Reuters reported that India’s competition watchdog had issued a final warning to Apple regarding delays in a years-long App Store antitrust investigation that could potentially result in a $38 billion fine.

That potential $38 billion fine is notable because it would be calculated on Apple’s global turnover, as allowed by the country’s Competition (Amendment) Act from 2023. Apple argues that it shouldn’t be penalized based on its global sales for an issue limited to the Indian App Store, and a hearing on that matter is scheduled for January 27.

So while Apple denied the CCI’s accusations that it was dragging its feet, it said it wants the case paused until courts rule on how the fine should be calculated.

The CCI, meanwhile, said that repeated extensions have been undermining procedural discipline, and threatened to move forward with the investigation if Apple does not respond.

Which brings us to today’s news. Reuters reports that Apple filed a motion on January 15 asking the court to halt the CCI’s efforts to obtain its financial documents until the fine calculation issue is resolved.

From Reuters:

Apple argues that being forced to comply now would defeat its main legal challenge against India’s penalty rules, which the CCI has defended as necessary to discourage breaches by multinationals.

Given how close the January 27 hearing is, it is unlikely that the CCI will be able to compel Apple to turn over its financial records before the court weighs in.

Whether the judges will side with Apple or uphold the 2023 amendment remains to be seen.