Apple Stands Firm Against India’s $38 Billion Fine

Apple has pushed back against an antitrust penalty framework in India, arguing that the law’s method for calculating fines—based on a company’s global turnover—creates an outsized and unfair exposure. India’s antitrust regulator, however, says the same approach is exactly what’s needed to meaningfully deter wrongdoing by multinational firms.

At the center of the dispute is an ongoing probe by the Competition Commission of India (CCI), which is reviewing complaints filed by an Indian startup alliance and by Match Group, the parent company of Tinder. The complainants allege Apple engaged in “abusive conduct” by requiring developers to pay steep commissions on in-app purchases.

CCI investigators issued a preliminary report in 2024 stating that Apple had committed “abusive conduct” within the iOS app marketplace. The regulator has not yet issued a final decision in the case, including whether any financial penalty will ultimately be imposed.

India’s newly introduced antitrust law in 2024 expanded how fines can be calculated in abuse-of-dominance cases. Under the updated framework, the CCI may base penalties on a company’s global turnover, rather than limiting calculations to revenue generated within India alone.

In November 2025, Apple filed a lawsuit at the Delhi High Court seeking to strike down the new provision. In submissions to the court, Apple said that if the maximum penalty were calculated as 10% of the average global services turnover across the previous three financial years (through 2024), its “maximum fine exposure” could reach as high as $38 billion.

The CCI set out its position in detail for the first time in a court filing dated December 15, arguing that the law “aligns India’s competition law enforcement with established international practice.” The regulator added that relying only on India-based turnover—especially in cases involving global digital platforms—would not create sufficient deterrence to prevent anticompetitive conduct.

Apple has also accused the CCI of unlawfully applying the new law retroactively in a separate, unrelated case. According to Apple, the CCI first invoked the revised rule on November 10 and applied it to conduct dating back roughly a decade.

The CCI rejected that claim, stating it has long had the authority to levy fines of up to one-tenth of a company’s turnover, and that the newer law merely clarifies how “turnover” should be defined. The regulator added that “clarificatory provisions” can have retrospective effect because they reflect the legislature’s original intent.

According to the court schedule, the Delhi High Court is set to hear the matter on January 27.