India’s Antitrust Body Rejects Apple’s Request to Halt Investigation Report

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India’s antitrust regulator, the Competition Commission of India (CCI), has denied a plea by Apple to suspend an investigation report that accuses the tech giant of breaching competition laws. This decision allows the case, which has been ongoing since 2021, to proceed.

The development, detailed in an internal CCI order reviewed by Reuters, marks the latest twist in a high-stakes battle over Apple’s alleged abuse of its dominant market position.

The case dates back to 2021 when the non-profit organization Together We Fight Society (TWFS) lodged a complaint against Apple. The complaint alleged that Apple exploited its dominance in the app store market on its iOS platform, harming app developers, consumers, and payment processors.

A CCI investigation found evidence supporting the claim that Apple engaged in anti-competitive practices. Specifically, Apple was accused of enforcing restrictive policies in its App Store ecosystem to the detriment of developers and users, limiting their choices and increasing costs.

Apple, however, has consistently denied these allegations. The company argues that it is a relatively small player in the Indian market, where Android devices—powered by Google—dominate the smartphone landscape.

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In August, the CCI ordered the recall of its initial investigation reports after Apple raised concerns about sensitive commercial information being improperly disclosed to competitors involved in the case, including Match Group, the owner of Tinder. Apple argued that such information should have been redacted before the report was shared.

As a corrective measure, the CCI directed all parties to return the original reports and destroy any copies. Subsequently, revised reports were issued. However, Apple alleged in November that TWFS had failed to comply with the directive to confirm the destruction of the earlier reports.

Apple urged the CCI to take action against TWFS for non-compliance and requested that the regulator withhold the revised report until the matter was resolved. However, in an internal order dated November 13, the CCI deemed Apple’s request “untenable” and decided against suspending the revised report.

The CCI has also instructed Apple to submit its audited financial statements for the fiscal years 2021-22, 2022-23, and 2023-24. This step aligns with regulatory procedures aimed at determining potential monetary penalties if Apple is found guilty of violating competition laws.

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The senior officials at the CCI are now set to review the investigation findings and issue a final ruling on the case. This decision will be closely watched as it could have significant implications for Apple’s business practices in India and potentially influence global regulatory scrutiny of Big Tech.

Apple has defended its practices, emphasizing that it operates in a highly competitive market in India, where Android devices dominate with a significant market share. Despite its smaller footprint, Apple’s premium pricing and ecosystem-centric approach have attracted attention from regulators.

The company has faced similar antitrust challenges globally, including in the United States and the European Union, where regulators have accused Apple of unfairly leveraging its control over app distribution and payment processing on its platforms.

The outcome of this case could have far-reaching consequences for India’s tech and app development ecosystem. Developers have long expressed concerns about the restrictive policies of major app stores, including high commissions on in-app purchases and limited payment processing options.

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A ruling against Apple could pave the way for greater regulatory oversight of app store practices, potentially reducing barriers for developers and providing consumers with more choices. It may also signal to other global tech giants that India is willing to take a firm stance on competition issues in its rapidly growing digital economy.

As the CCI prepares to make its final ruling, the case underscores the growing regulatory scrutiny faced by Big Tech companies worldwide. In India, where the digital economy is booming, such cases are critical in shaping the balance of power between global corporations and local businesses.

For now, Apple finds itself at a crossroads. The company must navigate a challenging regulatory environment while maintaining its foothold in one of the world’s most promising markets. Whether this case will lead to significant changes in Apple’s business practices in India remains to be seen, but it has already highlighted the complexities of operating in a globalized, highly scrutinized tech landscape.

REUTERS.

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