Apple and its associate company have asked the Competition Commission of India (CCI) to supply relevant case documents submitted by a Rajasthan-based informant against Apple and ADI, people aware of the developments told ET.
The CCI has opened a probe against Apple based on a complaint made by the not-for-profit group Together We Fight.
The competition watchdog ordered a probe in December 2021 after it found prima facie a case of abuse of dominant position in the market.
Emails sent to the CCI, and Apple remained unanswered.
“CCI will take a call on whether or not to provide the documents at this stage based on the merits of the case,” said a person with direct knowledge of the matter.
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In its complaint, the informant alleged that the technology company charges 15-30% commission on in-application purchases.
The informant has also alleged that Apple was a monopoly in the relevant market.
The basis of the argument is that the app store comes pre-installed with all Apple phones.
Further, it has been alleged that Apple’s software iOS prevents users from downloading the apps from outside its platform.
“It is stated that no developer alone has sufficient power to overcome the network effects and switching costs associated with iOS, and if a developer does not develop apps for iOS, the developer must forgo all the iOS users,” said the informant as per CCI order dated December 31, 2021.
However, Apple is justifying its position based on a US court judgment in a 2020 case by a US-based gaming company Epic Games.
A single judge ruled in September 2021 that Apple was not a ‘monopoly’ adding that while Apple charges steep commissions, it didn’t violate anti-trust rules.
Legal experts say a foreign court judgment may not have standing in India. The CCI brushed aside this argument of Apple. “The Commission is of the view that the foreign case laws only have persuasive value in India and are not determinative,” the CCI order dated December 31, 2021, said.
The anti-trust regulator is currently probing at least half a dozen technology entities including Apple, Amazon and
for alleged abuse of market dominance and violation of anti-trust rules.
