Apple says India antitrust body overstepping judicial authority as spat intensifies

Apple has accused India's competition body of exceeding its powers by pushing the US tech company to submit its financials in an antitrust case related to the iPhone apps market, while Apple challenges the law governing penalties, documents show.

An April 24 non-public Indian court submission by Apple, reviewed by Reuters on Thursday, is the latest sign of a growing confrontation between the company and Indian investigators over a case in which Apple says it could face a penalty of up to $38 billion.

The Competition Commission of India has since 2024 sought Apple's financial information — typically needed to calculate penalties — after an investigation found it abused its dominant position. Apple has resisted, arguing it has challenged India's entire antitrust penalty calculation law in a New Delhi court, and the watchdog must wait.

After the CCI this month gave Apple an ultimatum to submit its financials and scheduled a final hearing on May 21, the company has urged the Delhi High Court to urgently intervene to put the matter on hold.

The "commission's decision to schedule a final hearing represents an escalation in its efforts to usurp the Hon'ble Court's authority," Apple said in the filing, in which it asked the court to hear the matter on May 15.

Apple and the CCI did not respond to Reuters queries.

The filing came in response to CCI's April order, in which the watchdog said Apple had "been afforded adequate opportunities to file" its objections to the investigation report and has also "not submitted the requisite financial information."

The Indian case is among many Apple faces around the globe for alleged antitrust breaches. India is a key market for Apple where its iPhones have a 9% market share, compared to 4% two years ago, according to Counterpoint Research.

Apple has maintained it is a small player compared to Google's Android, which is the dominant player in India.