Apple
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  • Apple Inc. faces a setback in India as the Competition Commission of India (CCI) rejects its request to halt an investigation report.
  • The report, which found Apple in breach of competition laws, allows the case to continue.
  • Apple alleged that the main complainant, Together We Fight Society, had not complied with directives, but the CCI found this untenable.
  • The final ruling by the CCI's senior officials will be a crucial determinant of Apple's future in India.

In a recent development, Apple Inc., the multinational technology company, has faced a setback in India. The country's antitrust body, the Competition Commission of India (CCI), rejected its request to put a hold on an investigation report. The report, which found that Apple had breached competition laws, will now allow the case to continue. This information comes from an internal order from the regulator seen by Reuters.

The CCI had ordered a recall of investigation reports in August. This was after Apple claimed that the watchdog had disclosed commercial secrets to competitors in a case dating back to 2021. The case involved other companies, including Tinder-owner Match. Apple argued that these elements should have been redacted from the reports.

In response, the CCI asked parties to return the reports and destroy any copies. Following this, the regulator issued new reports.

Apple's Allegations and CCI's Response

However, the situation took a turn in November. Apple alleged that the main complainant in the antitrust investigation, Indian non-profit Together We Fight Society (TWFS), had not complied with the directives. They had not assured that the old investigation reports had been destroyed. Apple requested the CCI to take action against TWFS for non-compliance with its order and to withhold the revised report. This request, however, was deemed untenable by the CCI, as stated in the order dated November 13.

The CCI investigation had found that Apple exploited its dominant position in the market for app stores on its iOS operating system. This was causing detriment to app developers, users, and other payment processors. Apple, however, has denied any wrongdoing. They stated that it is a small player in India where phones that use Google's Android system are dominant.

Historical Antitrust Cases and Apple's Future

The CCI internal order also revealed that Apple has been asked to submit its audited financial statements for fiscal years 2021-22, 2022-23, and 2023-24. This is part of regulatory guidelines aimed at determining possible monetary penalties in the case. The CCI's senior officials will review the investigation report and make a final ruling on the case.

This incident is reminiscent of similar antitrust cases in the past. For instance, in 2020, the European Commission opened investigations into Apple's App Store and Apple Pay over concerns about its alleged anti-competitive behavior. The investigations were prompted by complaints from Spotify and an e-book/audiobook distributor that Apple was abusing its dominant position.

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