Apple Challenges India’s Antitrust Penalty Law Amid $38 Billion Fine Risk

Apple Challenges India’s Antitrust Penalty Law as Risk of $38 Billion Fine Emerges

Apple filed a major legal challenge on 26 November 2025 against India’s newly amended antitrust penalty framework, arguing that the Competition Commission of India (CCI) now holds disproportionate and unconstitutional powers that could unfairly penalize global companies. The amended law allows authorities to impose fines based on a company’s worldwide revenue rather than local Indian earnings—placing Apple at potential risk of a massive $38 billion fine.

In its petition to the Delhi High Court, Apple argued that applying penalties on global turnover for an issue arising within India is both legally flawed and economically unreasonable. According to the company, penalties must be tied strictly to the revenue generated from the specific market under investigation, not the company’s entire worldwide operations. Apple stated that retroactive application of the amended law effectively punishes companies for periods that predate the new legal framework, which violates fundamental legal principles.

Apple further emphasized that India’s approach could create a dangerous global precedent. If every country begins imposing fines on global turnover, multinational companies could face severe financial instability and unpredictable regulatory environments. Apple stressed that such a policy would discourage global investment, affect long-term business commitments, and create unnecessary market uncertainty in India—one of the world’s fastest-growing digital economies.

The CCI, however, argues that global tech giants possess substantial market power, and penalties based only on local revenue do not act as an effective deterrent. According to the regulator, tying fines to global turnover ensures proportional accountability for companies that dominate digital markets. It believes that a strong penalty framework is necessary to curb anticompetitive practices in India’s fast-expanding technology sector.

Apple countered by asserting that the amended law blurs the boundary between domestic jurisdiction and international business operations. The company warned that such an expansive penalty structure could push global firms to reconsider scaling their operations in India, ultimately harming the nation’s innovation ecosystem. Apple urged the court to evaluate the constitutionality of the amended provisions and restrict penalty calculations solely to Indian revenue.

The matter is scheduled for hearing on 3 December 2025, and the global technology community is watching closely. The case is expected to shape future regulatory strategies in India and influence how international companies assess investment and compliance risks within the country. A ruling in Apple’s favor may force the regulator to revise its penalty framework, while a ruling supporting the CCI could cement India’s authority to impose record-breaking fines on global digital firms.

This legal battle has therefore become a critical moment in defining the balance of power between India’s regulatory institutions and major global tech companies. The outcome will determine not only Apple’s financial exposure but also the broader future of digital business governance in India.