TLDR
- Apple filed a case in Delhi High Court challenging India’s antitrust penalty law that could result in a $38 billion fine based on global turnover.
- The CCI has been investigating complaints that Apple forces developers to use its in-app payment system with commissions up to 30%.
- Apple argues the penalty calculation using global turnover is “unconstitutional, grossly disproportionate, unjust” and should only apply to Indian revenue.
- Match Group is pushing for high penalties based on global turnover to deter future violations.
- The case will be heard in court on December 3, 2025.
Apple is fighting back against India’s antitrust regulator in a legal challenge that could determine whether the company faces a massive $38 billion penalty. The iPhone maker filed a 545-page case in Delhi High Court on Wednesday.
The dispute centers on how India calculates fines for companies accused of violating competition laws. Apple is challenging a 2024 law that allows the Competition Commission of India to use global turnover instead of just Indian revenue when determining penalties.
The company called the approach “unconstitutional, grossly disproportionate, unjust” in court documents seen by Reuters. Apple argues penalties should only be based on revenue from the specific business unit that violated antitrust rules.
The CCI has been investigating Apple since 2022 following complaints from Match Group, the owner of Tinder, and an alliance of Indian startups. They accuse Apple of “abusive conduct” for requiring developers to use its in-app payment system for purchases.
Apple’s payment system charges commissions up to 30% on in-app transactions. The CCI found last year that Apple doesn’t permit any third-party payment processors to handle these transactions.
Why the Fine Could Be So Large
The potential $38 billion penalty represents 10% of Apple’s average global turnover from all services over three fiscal years ending in 2024. This calculation method is similar to rules in the European Union.
Apple’s court filing compared the situation to a toy seller who also runs a stationery business. The company argues it would be unfair to calculate penalties based on both businesses when only one violated the law.
Match Group submitted a private filing to the CCI arguing that a fine based on global turnover would “act as a deterrent against recidivism.” The company is pushing for the harshest possible penalty.
Apple’s Growing India Business
The legal battle comes as Apple’s presence in India continues to expand rapidly. The company recorded its highest-ever quarterly shipments in India with 5 million units in the third quarter of 2025, according to IDC data.
Apple is expected to sell about 15 million iPhones in India this year. The company could rank among the top five smartphone companies in the country.
Apple’s smartphone base has grown four times larger over the last five years in India, according to Counterpoint Research. The company is one of several global firms shifting manufacturing away from China to India.
In 2024, Apple’s exports from India hit a record $12.8 billion. That’s an increase of more than 42% from the previous year.
The CCI used the new global turnover rules for the first time on November 10 in a separate case. Those rules were applied retrospectively to a violation that occurred a decade earlier.
Apple stated it had “no choice but to bring this constitutional challenge now to avoid retrospective imposition of penalty.” The company maintains it is a small player compared to Google’s Android operating system, which dominates the Indian market.
The CCI issued a report in December 2021 stating its “prima facie view” that mandatory use of Apple’s in-app payment system restricts developer choice. Apple has denied all charges. The CCI’s final verdict is still pending.
Gautam Shahi, a competition law partner at Indian law firm Dua Associates, said the amended law clearly allows the CCI to consider global turnover. He noted it will be difficult to convince the court to interfere with legislative policy.
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