Delhi High Court Defers Hearing In Apple's Plea Against Global-Turnover Penalty Rule To January 27
Nupur Thapliyal
16 Dec 2025 3:40 PM IST
The Delhi High Court on Tuesday listed to January 27, 2026, a plea filed by Apple INC challenging the amendment to the Competition Act, 2002, allowing the Competition Commission of India (CCI) to impose penalties based on a company's global turnover.
The impugned provision empowers the CCI to impose fines of up to 10% of the average turnover of the preceding three financial years on enterprises found guilty of abuse of dominance or anti-competitive conduct.
In its petition, Apple has said that it could potentially face a fine of up to $38 billion.
A division bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela adjourned the matter after Senior Advocate Abhishek Manu Singhvi appearing for Apple INC sought time to file response to the affidavit filed by the Central Government and the CCI.
The Bench asked the CCI and the Union Government to place on record the joint affidavit and directed Apple INC to file objections, if any.
“Counter affidavit has been filed by the respondents on Monday. Let steps be taken to bring the counter affidavit on record,” the Court said.
Notice in the petition was issued on December 01.
The plea states that Apple's maximum penalty exposure at the rate of 10% of its average global turnover derived from all of its services globally for three fiscal years to 2024 could be around $38 billion.
It has argued that imposition of such a penalty based on global turnover. would be manifestly arbitrary, unconstitutional, grossly disproportionate and unjust.
It has been submitted that CCI should only impose a penalty based on the Indian revenue of the specific unit which violates the Competition Commission Act.
“It would be arbitrary and disproportionate to levy a penalty on the stationery business's total turnover of 20,000 rupees, when the contravention is only in relation to the toy business that earns 100 rupees,” the plea said.
Title: Apple Inc & Anr v. Union of India & Ors