Tech giant Apple seeks dismissal of Indian app market antitrust case

Apple denied the allegations in its ICC filing and pointed out that its market share in India is “insignificant” at 0-5%, while Google commands 90-100% as its Android operating system powers most other smartphones.

“Apple is not dominant in the Indian market. Without dominance, there can be no abuse,” Apple said in the submission dated Nov. 16 and signed by its chief compliance officer, Kyle Andeer.

“It has already been established that Google is the dominant player in India,” he added.

The plaintiff in the case, a little-known non-profit group called “Together We Fight Society”, said that Apple with iOS dominates the market for unlicensed mobile operating systems.

Apple countered that in its filing, saying the broader smartphone market — which includes licensed systems like Android — is the market that should be considered.

Apple also described the Indian complaint as a “proxy filing” in its ICC submission, saying the plaintiff was “likely acting in concert with parties with whom Apple has ongoing commercial and contractual disputes globally and/or who have complained to other regulators”. The American technology company did not provide any evidence in its submission to support its claim. The non-profit organization told Reuters that Apple’s remark was “made to harm the spirit” of the ICC “without one iota of proof”. In the coming weeks, the ICC will review Apple’s response to the allegations and may order a broader investigation or dismiss the case altogether if it finds no merit. Details of CCI’s investigations are not made public.

The CCI is separately conducting an investigation.

About Tammy N. McFarlane

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