Overview
- Apple’s filing contests the 2023 amendment to Section 27(b) and the CCI’s 2024 Monetary Penalty Guidelines that allow fines to be based on worldwide revenue.
- The company estimates a maximum exposure of about $38 billion at 10% of average global turnover and urges penalties be limited to India revenue of the offending unit.
- Apple says the CCI applied the new rule retrospectively in an unrelated November 10 case, prompting its constitutional challenge to prevent similar treatment.
- The petition is linked to a CCI probe opened in 2022 into App Store practices; investigators reported ‘abusive conduct,’ but no final decision or penalty has been issued.
- The case is listed before Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela on December 3, with observers noting India’s approach echoes EU global-turnover fines and could affect other multinationals.