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The Delhi High Court connected Tuesday (December 16, 2025) directed the Centre and the Competition Commission of India (CCI) to spot earlier it their effect to a petition filed by tech elephantine Apple Inc challenging the CCI’s absorption to furnish its audited fiscal statements for respective years.
Apple has besides assailed the amendment to the Competition Act, 2002, which empowers the CCI to enforce penalties based connected a company’s planetary turnover.
A Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela was informed that the Union Ministry of Corporate Affairs and the CCI had filed their antagonistic affidavit connected Monday, though it had not yet been placed connected record.
“Counter affidavit has been filed by the respondents connected Monday. Let steps beryllium taken to bring the antagonistic affidavit connected record,” the Bench said, portion granting Apple clip to record its rejoinder. The substance has been listed for further proceeding connected January 27.
Meanwhile, the Alliance of Digital India Foundation told the tribunal that it has filed an exertion seeking to beryllium made a enactment successful the substance arsenic the organisation was the archetypal informant and complainant successful the case.
The tribunal asked the parties to record their objections, if any, to the exertion wrong 4 weeks.
Apple, successful it plea, said the effect of amended punishment provisions is that the turnover generated from each products oregon services of the endeavor tin beryllium aggregated for computation of the penalty, alternatively of the turnover generated from the affected “relevant merchandise oregon services” of the enterprise.
It said aft the amendment, the planetary turnover of an enterprise, generated from territories extracurricular the jurisdiction of the CCI, tin beryllium considered for computation of the penalty, alternatively of the turnover of an endeavor arsenic generated successful the “relevant geographic market”, that is, successful the Indian market.
The plea said amended proviso empowers the CCI to good firms recovered blameworthy of maltreatment of dominance oregon anti-competitive behaviour up to 10% of its mean turnover of preceding 3 fiscal years.
Apple stated that its maximum punishment exposure, that is, 10% of its mean planetary turnover derived from each of its products oregon services globally for fiscal years 2022 to 2024, could beryllium astir $38 billion.
