Apple’s $38 billion dilemma: Delhi HC hears tech giant’s appeal against antitrust agency

The Delhi High Court on Monday heard a petition by Apple challenging recent amendments to the Competition Act. A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela took up the case, which contests the law allowing the Competition Commission of India (CCI) to calculate penalties based on a company’s global turnover.

During the hearing, Apple’s advocate Abhishek Manu Singhvi requested interim relief to prevent coercive measures, noting that CCI has asked for financial details by December 8. The CCI’s counsel countered, claiming Apple’s petition is a tactic to divert attention from its ongoing App Store antitrust probe, adding that fines of $200–300 million are insignificant for major tech firms.

Apple stated that the amendment puts $38 billion—10% of its global turnover—at risk in the ongoing case. The company described the law as “arbitrary, unconstitutional, and disproportionate” and argued that penalties should be based solely on Indian revenue, not global turnover. Apple cited the retrospective application of the rule in a November 10 case and emphasized the need to challenge it to avoid retroactive penalties for past violations.