From Relevant Turnover To Global Turnover: Rethinking Penalty Calculation Under The Competition Act, 2002

Apple's challenge as a test case for penalties based on global turnover

1. Apple Inc. (Apple) has moved the Delhi High Court challenging how penalties are calculated under India's revamped competition law framework.¹ The challenge stems from an ongoing antitrust investigation into Apple's App Store practices in India. Complaints from app developers, including Match Group, alleged that Apple's restrictions on in-app payments and distribution unfairly disadvantage competitors and developers.

1. While the substantive antitrust findings are still awaited, Apple has approached the Delhi High Court to challenge the specific provisions of the Competition Act, 2002 (as amended) (Competition Act) and the relevant guidelines and regulations that allow the Competition Commission of India (CCI) to impose penalties based on "global turnover" of an enterprise.