Reuters, November 27: Apple Inc. faces a potential fine of up to $38 billion (38 billion dollars) under India's antitrust law. Apple has submitted a 545-page confidential document requesting the court to revoke the new antitrust penalty regulations that took effect in 2024 — the regulations allow the Indian Competition Commission (CCI) to use a company's global revenue, rather than its revenue in India, as the basis for penalties against companies that "abuse their market dominance." It is reported that the CCI is investigating Apple for alleged "abusive behavior" due to its prohibition of third-party payments in its app store and charging up to a 30% commission. If penalized at 10% of the company's global service revenue, Apple could face up to about $38 billion in fines. Apple claims this method of punishment is "arbitrary, unconstitutional, grossly disproportionate, and unfair." The CCI has not yet made a final decision, including whether to impose a fine. In addition, Apple has also raised objections to the CCI applying the new law to retrospectively penalize actions from ten years ago in another case. Apple's competitor Match supports India's fine rules, believing they can effectively deter repeated violations. It is worth noting that EU regulations state that companies violating antitrust laws may also face fines of up to 10% of their global revenue. Legal experts analyze that since the relevant provisions in India clearly authorize penalties based on global revenue, it is extremely difficult to persuade the court to overturn the legislation.
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