Apple seeks dismissal of antitrust case regarding market power abuse, cites tiny apps mkt share
New Delhi: Apple Inc has asked India's antitrust watchdog to throw out a case alleging abuse of market power in the apps market, saying it is too small a player in the South Asian country where Google is dominant, a filing seen by Reuters shows.
The filing was made after the Competition Commission of India started reviewing allegations that Apple hurts competition by forcing app developers to use its proprietary system which can charge commissions of up to 30 per cent on in-app purchases. Apple denied the allegations in its filing to the CCI and stressed that its market share in India is an "insignificant" 0-5 per cent, while Google commands 90-100 per cent as its Android operating system powers most other smartphones.
"Apple is not dominant in the Indian market ... Without dominance, there can be no abuse," Apple said in the submission dated Nov. 16 which was signed by its Chief Compliance Officer, Kyle Andeer.
"It has already been established that Google is the dominant player in India," it added. Apple and the CCI did not respond to a request for comment. A spokesperson for Alphabet Inc's Google declined to comment when asked about Apple's assertions in the filing.
The complainant in the case, a little-known non-profit group called "Together We Fight Society", said that Apple with iOS dominates the market for non-licensable mobile operating systems. Apple countered that in its filing, saying the entire smartphone market - which includes licensable systems like Android - is the market that should be taken into consideration.
Apple also described the Indian complaint as a "proxy filing" in its CCI submission, saying that the complainant was "likely acting in concert with parties with whom Apple has ongoing commercial and contractual disputes globally and/or that have complained to other regulators." The US tech company did not give any evidence in its submission to support its claim. The non-profit told Reuters that Apple's remark was "made to prejudice the mind" of the CCI "without any iota of proof."
