
India has reaffirmed its commitment to a new antitrust ruling that enables the Competition Commission of India (CCI) to calculate fines based on a company's global revenue rather than just its earnings in India. This landmark decision is designed to ensure that major tech corporations do not regard antitrust penalties as merely a routine expense. As reported by Reuters, this new framework puts Apple in a precarious position, with the possibility of facing a staggering $38 billion fine, which equates to 10% of its total global revenue. In an effort to contest this ruling, Apple previously approached the New Delhi court, seeking to annul the law set to take effect in 2024. The tech giant submitted a comprehensive 545-page petition, labeling the penalty as “grossly disproportionate” and potentially “unconstitutional.” The CCI has defended its position, asserting that this regulatory approach will maintain a significant deterrent effect, particularly within the complex and interconnected digital markets. The ruling could have wider implications, affecting not just Apple, but also other major players like Amazon, Google, Pernod Ricard, and Publicis, all of whom are under antitrust investigations in India. The next session of the Delhi High Court is scheduled for January 27, 2026. In the meantime, the CCI has requested Apple to provide verified financial data from the last three years. This information is crucial for regulators to assess potential penalties accurately. Apple has also raised concerns about the legality of these new laws, claiming they were imposed retrospectively. Nevertheless, the CCI has countered these assertions, stating that clarifying provisions can indeed operate retrospectively to reveal the true legislative intent.
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