The Delhi High Court on Friday asked the Competition Commission of India (CCI) not to pass any final orders in its probe into Apple’s alleged anti-competitive conduct linked to the App Store while the company’s constitutional challenge to certain provisions of competition law remains pending before the Court. A Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia said passing a final order at this stage could create “complications”, particularly because Apple has challenged provisions that permit penalties based on global turnover, according to Bar and Bench.
What happened in court: The Bench told the CCI that it had issued notice in the matter only after finding “something considerable” and asked the regulator not to render Apple’s petition infructuous by passing a final order. “Proceed, but do not take final order,” the Court told Senior Advocate Balbir Singh, appearing for the CCI.
Although Singh initially opposed the plea, he later assured the Court that no final order would be passed. He also argued that Apple had sought multiple extensions during the proceedings.
Senior Advocate Abhishek Manu Singhvi, appearing for Apple, argued that despite the constitutional challenge being listed in July, the CCI had fixed the final hearing for May 21. The Court subsequently directed Apple to cooperate in the proceedings.
Apple said its challenge to the constitutional validity of the regulations was not an attempt to delay or stall the proceedings before the CCI. The company also argued that the CCI had admitted that the penalty provisions were not merely clarificatory but expanded the scope of penalties under the Competition Act, raising concerns that Apple could face retrospective penalties based on global turnover.
What was the CCI probing?: The CCI’s case against Apple dates back to 2021, when non-profit Together We Fight Society (TWFS) accused the company of abusing its dominance in the iOS app ecosystem. In 2022, Match Group, which owns Tinder, joined the proceedings and alleged that Apple imposed unfair restrictions and charged commissions of up to 30% on in-app purchases.
Subsequently, Indian startups represented by the Alliance of Digital India Foundation (ADIF) also became part of the case. In July 2024, the CCI’s investigation reportedly found that Apple had engaged in abusive conduct and practices by forcing developers to use its proprietary payment system.
However, the dispute escalated after Apple challenged India’s 2023 competition law amendments before the Delhi High Court in November 2025, arguing that the provisions allowing penalties based on global turnover unlawfully expanded the CCI’s powers.
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