India Defends Global Turnover-Based Antitrust Penalty Law in Legal Battle with Apple

In a high-profile legal dispute, India’s Competition Commission (CCI) has defended a 2024 law allowing fines on the basis of a company’s global turnover, pushing back against Apple Inc.’s challenge in New Delhi. The case has far-reaching implications for multinational corporations operating in India, including global giants like Amazon, Publicis, and Pernod Ricard.


What the Case is About

Apple filed a lawsuit in November 2025 seeking to strike down the 2024 law, which the Competition Commission of India (CCI) argues is essential for effective enforcement of antitrust regulations. The law permits Indian regulators to calculate fines for antitrust violations based on a company’s worldwide revenue rather than just India-specific turnover.

Apple contends that this approach could result in disproportionate penalties, with estimates of fines reaching as high as $38 billion if global turnover is considered. The company denies accusations that it abused its position on the Apple App Store in India.


CCI’s Defense of the Law

In a December 15 court filing, CCI argued that using only India-specific turnover is insufficient to deter violations by large multinational corporations:

  • The global turnover-based calculation aligns Indian antitrust enforcement with international best practices, including the European Union’s approach.
  • Limiting fines to Indian revenues could render penalties nominal or easily absorbable by global digital giants, reducing their deterrent effect.
  • The law provides clarity on how turnover should be defined without expanding the regulator’s powers retroactively.

“This approach ensures that penalties retain real deterrent value in complex, digital, and cross-border markets,” the CCI filing stated.

The regulator emphasized that Apple’s concerns about retrospective application are unfounded, noting that Indian competition law always allowed fines up to 10% of a company’s turnover, and the 2024 law simply clarifies how turnover is calculated.


Apple’s Position

Apple maintains that the new law could expose the company to excessively large fines for activities that occurred solely within India. According to the company’s court filings:

  • The CCI’s request for global turnover details could inflate the potential penalty beyond what is proportionate to India-specific business operations.
  • Apple argues that the law is being applied in a way that is disproportionate and potentially punitive.

The Delhi High Court is scheduled to hear the case on January 27, 2026.


Implications for Multinational Corporations

The outcome of this legal dispute could have broad ramifications for foreign companies operating in India:

  • Companies like Amazon, Publicis, and Pernod Ricard may also face scrutiny under similar provisions if the law is upheld.
  • It underscores the importance of compliance with India’s competition law and transparency in reporting turnover.
  • The ruling may influence how regulators worldwide approach cross-border antitrust enforcement against digital and tech giants.

Key Takeaways

  • India’s 2024 law allows antitrust fines to be based on global turnover, not just domestic revenues.
  • Apple disputes the law, claiming fines could be disproportionately high, potentially up to $38 billion.
  • CCI defends the law as necessary to maintain real deterrent value in cross-border digital markets.
  • The Delhi High Court will hear the case on January 27, 2026.
  • The decision could set a precedent for multinational regulation in India and beyond.

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