Delhi HC will hear Apple's challenge to CCI next month
What's the story
The Delhi High Court has postponed the hearing of Apple's challenge to India's competition law, which allows penalties to be calculated on a company's global turnover. The matter will now be heard on January 27, 2026. A bench led by Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela adjourned proceedings after advocate Abhishek Manu Singhvi, representing Apple, requested more time to respond to a joint affidavit filed by the Centre and Competition Commission of India (CCI).
Legal proceedings
Affidavit justifying global turnover penalty
The court has asked the Centre and CCI to file the affidavit within a week, giving Apple the right to file a counter. The affidavit, which is yet to be made public, seeks to justify penalties based on global turnover rather than India-specific revenue. This case originates from Apple's constitutional challenge against amendments made by changes to Section 27(b) of the Competition Act in 2023 and Monetary Penalty Guidelines notified in 2024.
Regulatory power
CCI's authority to impose fines
The amended provisions empower CCI to impose fines up to 10% of a company's average global turnover over the last three financial years. On December 1, the HC had issued notice to the Indian government and CCI, asking them to explain why penalties should be linked with global turnover instead of local revenue.
Ongoing investigation
Apple's legal battle over financial disclosures
Apple approached the HC in November after CCI sought its financials as part of an ongoing probe into the company's App Store payment policies. The probe follows complaints filed between 2021 and 2022 by NGOs, Indian start-ups, and Match Group (owner of Tinder, Hinge, and OkCupid). They claimed that Apple abused its dominant position by mandating use of its in-app payment system and charging commissions up to 30%.
Financial implications
Apple's petition warns of potential fines
In its petition, Apple had warned that the amended penalty framework might expose it to fines of nearly $38 billion if found guilty. It argued that penalizing its India-specific conduct using global turnover is "arbitrary" and "grossly disproportionate," especially when the claimed conduct involves only a small fraction of its global business. The CCI has opposed Apple's plea, saying that the company is attempting to delay proceedings.
Regulatory response
CCI's stance on global turnover and penalty determination
The CCI has said that global turnover is considered only as a last resort, and penalties are determined after defining the relevant product and geographic markets. The case is likely to be a litmus test for India's enforcement of its new penalty framework against the large multinational technology firms, with wider ramifications for future CCI actions against Big Tech.