The recent decision by India’s antitrust body to recall two reports detailing alleged breaches of competition law by Apple Inc. is an unusual move that will likely prolong the already delayed investigation.
The probe began in 2021 and focuses on Apple’s alleged abuse of its dominant position in the apps market to force developers to use its proprietary in-app purchase system at a fee of up to 30%. This recall comes after Apple complained that the regulator had disclosed commercial secrets to competitors, including Match, which owns Tinder.
Apple has been subject to antitrust probes and orders in Europe, Japan, and Korea, as well as facing lawsuits from corporate rivals. Despite these allegations, Apple has denied any wrongdoing.
The reports prepared by India’s antitrust investigations unit found that Apple had exploited its dominant position to the detriment of app developers, users, and other payment processors. However, a confidential order from the Competition Commission of India (CCI) asked for all versions of these reports shared with parties to be returned due to concerns about unauthorized disclosures.
This recall is rare and will lead to revisions by redacting information deemed confidential. It may cause significant delays in ruling on fines or any required changes in Apple’s business practices following responses from concerned parties.
The CCI’s decision highlights the importance of protecting commercial secrets while ensuring thorough and impartial investigations are conducted. Indian startups like ADIF deserve a fair playing field free from constraints imposed by dominant global players such as Apple.
In conclusion, this recall represents a significant setback for both parties involved but underscores the need for confidentiality during sensitive investigations while ensuring fairness for all stakeholders impacted by potential antitrust violations.
