Navigating Anti-Trust Penalties: Implications Of The Apple vs. CCI Dispute

The Competition (Amendment) Act, 2023¹ has significantly modernized and revamped the Competition Act, 2002² and has equipped the Competition Commission of India (hereinafter "CCI") to better regulate the rapidly evolving digital markets, corporate restructuring from the lens of antitrust perspective, and also to effectively detect and punish anti-competitive/abusive business conducts. The aims of the 2023 amendments have been to (i) provide certainty to business and markets; (ii) faster correction of markets; (iii) facilitate ease of doing business by relying heavily on a trust-based approach; and (iv) evolve sound penalty jurisprudence wedded to the dual objectives of deterrence and disgorgement.