New Delhi: Apple has moved the Delhi High Court challenging recent changes to India’s competition law that permit the Competition Commission of India (CCI) to levy penalties based on a company’s global turnover.
The plea, titled Apple Inc & Anr vs Union of India & Anr, will be heard on Wednesday by a Division Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela.
The tech giant has named the Union of India and the CCI as respondents in its petition.
Apple is contesting the 2023 amendment to Section 27(b) of the Competition Act, 2002, as well as the CCI’s 2024 Monetary Penalty Guidelines, arguing against the inclusion of “global turnover” in the penalty framework.
Under Section 27(b), the CCI can impose fines of up to 10 per cent of the average turnover or income of an enterprise or group over the previous three years for abuse of dominance or participation in anti-competitive agreements. The provision allows such penalties on all entities involved in the violation.
The 2023 amendment expanded the scope of “turnover” to explicitly include worldwide revenue, a shift Apple is now seeking to challenge in court.