The Union government has finalised its affidavit in the ongoing Apple–Competition Commission of India (CCI) case and is expected to submit it to the Delhi High Court shortly. The matter concerns Apple’s challenge to the Competition Act provisions that allow penalties to be imposed based on a company’s global turnover rather than its India-specific revenue.
The Delhi High Court had earlier directed the Centre and the CCI to file a detailed response within a week, explaining the rationale behind the global turnover penalty framework. Apple has argued that such provisions are unconstitutional and disproportionate, contending that fines should be limited to the jurisdiction where products are sold.
The affidavit, prepared by the Ministry of Corporate Affairs, is expected to defend the amendments to the Competition Act, 2002, which were designed to strengthen regulatory oversight and deter anti-competitive practices by multinational corporations. Officials have indicated that the government will stress the importance of maintaining a level playing field in India’s digital and technology markets, where global firms hold significant market power.
The case stems from Apple’s petition against the CCI’s directive to furnish its audited financial statements for several years. Apple has resisted providing global figures, maintaining that penalties should be calculated only on its Indian turnover. The High Court has issued notices to both the Centre and the CCI, seeking clarity on the legal basis for the global turnover clause.
