The Delhi High Court has directed the Competition Commission of India (CCI) to refrain from passing any final order in its ongoing antitrust probe against Apple over alleged abuse of dominance in the App Store market. The CCI confirmed it would comply with the court’s direction.
A division bench led by Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia issued the directive in May 2026, warning that a final order at this stage could create “complications.” The court’s concern centres on Apple’s separate, still-pending challenge to India’s antitrust penalty framework before the same court. “We had issued notice only after finding something considerable in the matter. Do not make this petition infructuous. Proceed, but do not take final order,” the bench said.
The development follows Apple reportedly moving the Delhi HC to restrain the CCI from proceeding to a final hearing, arguing the regulator was overstepping its powers by demanding the company’s global financial records while the penalty framework challenge remains unresolved. Senior advocate Abhishek Manu Singhvi, appearing for Apple, noted that while the constitutional challenge to the Competition Act is scheduled for July, the CCI had already set May 21 as the date for its final hearing. The court directed Apple to cooperate with the ongoing proceedings.
At the heart of the dispute is India’s amended competition law, which allows penalties of up to 10% of a company’s average global turnover over three years. Apple has argued this could expose it to penalties of as much as $38 billion and that the framework conflicts with the Supreme Court’s ruling in the Excel Crop case. The company has reportedly refused to submit the requested financial data since October 2024.
The antitrust case originated from a 2021 complaint filed by a non-profit organisation, with Match Group and several Indian startups later raising similar concerns. The CCI’s investigation report found that Apple’s App Store had become an “unavoidable trading partner” for developers, requiring use of Apple’s in-app payment system and charging commissions of up to 30% on transactions. Apple has denied the allegations.
Source: Inc42 Media