According to MacRumors, Apple is fighting a new Indian antitrust law that could impose penalties up to $38 billion based on the company’s global turnover. The 2023 law allows India’s Competition Commission to calculate fines using worldwide revenue rather than just local earnings. Apple filed with Delhi High Court calling the potential penalty “manifestly arbitrary, unconstitutional, grossly disproportionate, and unjust.” The case stems from an ongoing antitrust dispute dating back to 2022 involving Match dating apps and Indian startups. Apple’s plea will be heard on December 3, and the company says it had “no choice but to bring this constitutional challenge now” after seeing the CCI apply the new law in another case on November 10.
The revenue reality check
Here’s the thing – Apple‘s argument about its small market share in India actually makes some business sense. The company admits Android dominates there, which means its actual revenue from Indian operations is probably minuscule compared to its global $383 billion annual revenue. But the legal principle here is huge – should a company be penalized based on worldwide earnings for violations in a single market? Apple’s suggesting penalties should only apply to the specific unit’s local revenue, which seems reasonable until you consider how multinationals structure their operations to minimize tax and regulatory exposure.
Why now? It’s all about timing
Apple didn’t just randomly decide to challenge this law. The company specifically mentions the CCI used it on November 10 in an unrelated case involving a decade-old violation. That’s the real trigger – Apple sees retrospective penalties coming and wants to shut this down before it becomes precedent. Think about it: if India can fine based on global revenue for violations that happened years ago, every multinational operating there is suddenly exposed to massive liability. This is basically Apple trying to prevent a domino effect that could cost them billions across multiple cases.
The bigger global pattern
This isn’t just an Apple-India story – it’s part of a global trend where countries are getting more aggressive about regulating tech giants. The EU’s been leading this charge with their Digital Markets Act, and now emerging markets like India are following suit. But there’s a real question about proportionality. Is a $38 billion potential fine for in-app payment disputes reasonable when we’re talking about a market where Apple has limited presence? Match argues high fines deter future violations, but at what point does it become punitive rather than corrective? The December 3 hearing could set a precedent that affects every global tech company operating in India.
