Apple vs CCI: Delhi HC Hits Pause on Antitrust Order Till July 15

• Delhi High Court on Friday restrained CCI from passing final order in Apple case till July 15

• Apple has challenged provisions allowing penalties based on global turnover

• Court said final orders at this stage could complicate the ongoing proceedings

The Delhi High Court on Friday directed the Competition Commission of India (CCI) not to pass any final order in its ongoing antitrust proceedings against Apple over allegations of abuse of dominance in the App Store market.

A bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia said the regulator may continue its investigation, but must not issue a final ruling until the next hearing scheduled for July 15.

The court observed that passing a final order at this stage could create complications, given that Apple’s constitutional challenge to key provisions of the Competition Act is still pending before the court.

Apple’s Legal Challenge

Apple filed the petition last year challenging amendments to India’s Competition Act that allow penalties to be calculated on a company’s global turnover rather than domestic revenue.

Senior Advocate Abhishek Manu Singhvi, appearing for Apple, argued that a final order by the CCI before judicial clarity on the issue could render the petition infructuous. The court is separately hearing Apple’s constitutional challenge in July.

Apple has argued that the amended provisions expose it to disproportionately high penalties, potentially up to 10% of its average global turnover, which it estimates could be as high as $38 billion.

CCI Allowed to Continue Probe

Senior Advocate Balbir Singh, representing the CCI, initially opposed Apple’s request but later informed the court that no final order would be passed for now.

The court clarified that the regulator is free to proceed with its investigation, while directing Apple to fully cooperate with the ongoing process.

“We are not stopping your proceedings. We are only saying do not pass a final order, else it will create complications,” the bench observed during the hearing.

The matter will now be taken up on July 15, when the High Court will continue hearing Apple’s challenge to the amended penalty framework under India’s competition law, which allows fines based on global turnover in cases of anti-competitive conduct.