- By Ashish Singh
- Tue, 13 Aug 2024 03:18 PM (IST)
- Source:Reuters
India's antitrust agency has mandated an unusual recall of findings from an investigation that concluded Apple violated competition laws. This comes after the American giant claimed its trade secrets were leaked to rivals, such as Match, the owner of Tinder.
The action will extend a process that was started in 2021 and has already been hampered by setbacks. The case is around Apple's alleged misuse of its overwhelming market share in the apps industry to compel developers to adopt its exclusive in-app purchase system, which comes with a 30% fee.
The antitrust agency has requested that all of Apple's lawsuit adversaries return the reports in a private order dated August 7, which was first reported by Reuters.
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"It is crucial that this data be kept private, guaranteeing that no unauthorised release takes place," the Competition Commission of India (CCI), the watchdog, stated in a four-page directive that was signed by its top four officials.
The order did not specify what private data Apple was worried about. Apple was reportedly concerned about revelations regarding the revenue of its India app store and market share data, according to a source with firsthand knowledge of the situation.
According to two reports released in July by the antitrust investigations unit in 2022 and 2024, Apple was judged to have exploited its dominant position in the market for app stores on its iOS operating system. This information was revealed by Reuters.
Match and the Indian startup group ADIF, which represents the massive financial company Paytm, are among others that have now requested the return of the reports.
The order was a result of Apple's private complaint to the CCI, which stated that the watchdog needed to "recall and withdraw" reports that revealed "Apple's confidential commercial sensitive information" in versions that were shared with parties.
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Such a recall of findings after they have been distributed is unusual and will necessitate their revision through the removal of information deemed sensitive, according to three Indian attorneys with intimate knowledge of the CCI procedure and a government source.
"This is quite unusual... We may readily expect a delay of two to three months, one of the lawyers stated in an anonymous statement.
The most important phase of the Indian probe was represented by the two CCI reports on Apple, one from 2022 and the other from 2024.
The CCI normally would have made a decision regarding fines or, if necessary, a change in Apple's business practices after receiving the responses from the parties.
Global antitrust pressure is being applied to Apple. The iPhone manufacturer may be subject to a large fine after European Union antitrust investigators stated in June that it had violated the bloc's tech regulations. An investigation into additional charges levied against app developers is also facing it.
The most recent report from 2024, which stated that Apple had "engaged in abusive conduct and practices" and that its payment policy "adversely affects the app developers, users, and other payment processors," has now brought it back to light.
Apple has refuted any wrongdoing, claiming to be a minor participant in India, where Android-powered phones predominate. By mid-2024, about 3.5% of India's 690 million smartphones ran on Apple's iOS operating system; the remaining devices ran on Android, according to Counterpoint Research, which also notes that Apple's domestic smartphone market had grown five times in the same amount of time.