India Orders Unusual Retraction of Reports on Apple Antitrust Investigation | WSAU News/Talk 550 AM 99.9 FM

By Aditya Kalra

NEW DELHI (Reuters) – India’s antitrust watchdog has unusually ordered the retraction of reports from an investigation that found Apple violated antitrust laws, after the U.S. giant complained that its trade secrets had been leaked to opponents including Tinder owner Match.

The move will extend a procedure that began in 2021 and has already been plagued by delays and focuses on Apple allegedly abusing its dominant position in the app market to force developers to use its proprietary in-app purchase system at a fee of up to 30%.

In a secret order issued on August 7, first reported by Reuters, the antitrust watchdog asked all Apple opponents in the case to return their reports.

“It is necessary to maintain confidentiality of such information to prevent its unauthorised disclosure,” the watchdog, the Competition Commission of India (CCI), said in a four-page order signed by four top officials.

The order does not specify what confidential information Apple is concerned about.

However, a source with direct knowledge of the matter said Apple is concerned about disclosing its Indian app store revenue and market share figures.

In July, Reuters reported that two reports from the antitrust investigation unit from 2022 and 2024 found that Apple exploited its dominant position in the app store market for its iOS operating system.

Among those asked to return the reports were Match and Indian startup ADIF, which represents financial giant Paytm.

The order follows a private complaint by Apple to the CCI that versions of the reports shared with the parties disclosed “confidential Apple commercial information,” adding that the watchdog must “withdraw and withdraw them,” according to the order.

Apple and Match declined to comment. CCI and Indian startup group ADIF did not respond to requests for comment.

Three Indian lawyers familiar with the CCI process and a government source with direct knowledge say that retractions of reports once circulated are rare and require amending them by removing information deemed confidential.

“This is completely unheard of… We are easily facing a two- to three-month delay,” said one lawyer, who asked not to be identified.

The CCI reports on Apple – one in 2022 and the other in 2024 – were the most important step in the Indian investigation.

After receiving responses from the parties, the CCI typically ordered monetary penalties or changes to Apple’s business practices if necessary.

Apple is facing antitrust fire around the world. In June, European Union antitrust regulators found it had violated the bloc’s technology rules, which could cost the iPhone maker a hefty fine. It also faces an investigation into new fees levied against app developers.

The first CCI report on Apple was prepared in 2022 but was returned for further internal investigation, according to confidential legal documents.

It has now been withdrawn, along with the latest report from 2024, which found that Apple had engaged in “abusive practices” and that its payments policies “adversely impact app developers, users, and other payment processors.”

Apple denies all allegations, saying it is a small player in India where phones running Google’s Android operating system dominate.

According to Counterpoint Research, by mid-2024, Apple’s iOS powered about 3.5% of India’s 690 million smartphones, while the rest run Android. However, the company added that Apple’s smartphone base in the country has become five times larger in a few years.

(This article has been re-posted to include the full name of the supervisory authority in paragraph 4)

(Reporting by Aditya Kalra; Editing by Clarence Fernandez)