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India competition regulator has fixed May 21 for a final hearing in its antitrust case against Apple after the company failed to submit the financial details requested for the penalty stage of the investigation.
The Competition Commission of India (CCI), in an April 8 order reviewed by Reuters, said Apple had not provided its financial information or full response to the investigation report since October 2024.
The regulator uses such data when calculating penalties after finding a company broke competition rules.
Apple has denied any wrongdoing, saying it holds a small share of India’s smartphone market, where Android devices come top.
However, investigators in 2024 found Apple abused its position in the iPhone app market by requiring developers to use its own in-app payment system.
The case began in 2021 after a non-profit group challenged Apple’s App Store practices. Later, Match Group, owner of Tinder, and several Indian startups joined the complaints.
Apple has also asked the CCI to pause the case while the Delhi High Court hears its separate challenge to India’s penalty framework. The regulator rejected that request.
In its order, the CCI said Apple had “been afforded adequate opportunities to file” its objections and had also “not submitted the requisite financial information.”
The company fears penalties could be based on global turnover, which it says may expose it to fines of up to $38 billion.
Legal experts said the decision to set a final hearing date suggests the regulator wants to move the matter forward.
Gautam Shahi, antitrust partner at Dua Associates, said: “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.”
“In case it fails, its arguments on quantum of penalty will be constrained accordingly.”
India has become an important market for Apple. Research firm Counterpoint said iPhones now hold about 9% market share in the country, up from 4% two years ago.
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