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ARTICLE · 24 DECEMBER 2025

Revisiting Penalty Jurisprudence Under The Competition Act

The litigation initiated by Apple Inc. in the Delhi High Court in December 2025 poses a substantive test of India's evolving competition regime particularly the legal architecture governing penalty imposition for anti-competitive conduct.

IndiaAntitrust/Competition Law

The litigation initiated by Apple Inc. in the Delhi High Court in December 2025 poses a substantive test of India's evolving competition regime particularly the legal architecture governing penalty imposition for anti-competitive conduct. At its core Apple's petition challenges the constitutionality and proportionality of recent amendments to the Competition Act, 2002 ("Act") as well as related guidelines adopted by the Competition Commission of India ("CCI"), which empower the regulator to compute penalties on the basis of an enterprise's global turnover rather than a narrow India-specific revenue base. The significance of this dispute extends beyond the interests of a single multinational corporation; it touches upon core principles of statutory interpretation, constitutional limits on punitive administrative action, and India's regulatory approach toward digital markets and Big Tech.

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