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Apple Wins Confidentiality Battle in India’s Antitrust Case

Apple Wins Confidentiality Battle in India’s Antitrust Case

India’s antitrust authority, the Competition Commission of India (CCI), has taken the rare step of recalling two investigative reports concerning Apple’s alleged breaches of competition law. This move follows a complaint by Apple, which accused the regulator of disclosing commercially sensitive information to competitors, including Tinder-owner Match Group. The recall is expected to extend an already delayed investigation that began in 2021, focusing on Apple’s alleged misuse of its dominant position in the apps market to compel developers to use its proprietary in-app purchase system, subject to fees of up to 30%.

The investigation has drawn parallels with similar antitrust probes and legal actions against Apple in Europe, Japan, and Korea. Apple has consistently denied any wrongdoing. The reports in question, prepared in 2022 and 2024 by the CCI’s antitrust investigation unit, reportedly found that Apple exploited its dominant position in the iOS app store market, adversely affecting app developers, users, and other payment processors. These reports were circulated to concerned parties in July 2024.

In a confidential order dated August 7, the CCI instructed all of Apple’s opponents in the case to return the reports, emphasizing the necessity of maintaining confidentiality to prevent unauthorized disclosure. While the order did not specify the exact nature of the sensitive information, a source familiar with the situation suggested that the concern centered around revenue figures related to Apple’s India app store and market share data.

Apple contends that it is a minor player in the Indian market, where Google’s Android system dominates. Among those asked to return the reports are Match Group and the Indian startup group ADIF, which includes major companies like Paytm. The recall has highlighted the balance between protecting commercial secrets and ensuring thorough, impartial investigations.

Prateek Jain, an associate director at ADIF, emphasized the need for fair competition in India’s startup ecosystem, free from constraints imposed by dominant global players. Legal experts and a government source indicated that the recall is likely to cause a delay of two to three months in the investigation, as the reports will need to be revised with redactions of confidential information.

Apple’s iOS powered approximately 3.5% of India’s 690 million smartphones by mid-2024, according to Counterpoint Research, though the company’s domestic smartphone base has grown significantly in recent years.

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