CCI Sets Up Confidentiality Ring To Expedite Apple Antitrust Probe

Stepping up its antitrust probe into Apple, the Competition Commission of India (CCI) has now reportedly agreed to bring the big tech major inside a “confidentiality ring” ahead of the final hearing in the matter next year. 

The watchdog agreed to set up the “confidentiality ring” last week, NDTV Profit reported, citing sources. The move will enable the big tech major to access confidential information pertaining to the antitrust case before the CCI kicks off final hearing in the case. 

Introduced in 2022, the regime allows parties to have access to confidential information or documents relating to other parties in a probe to better defend themselves. Subject to certain riders, the confidentiality ring helps regulators dispose of cases fast. 

“Under the confidentiality ring, selective parties, including Apple, get access to sensitive confidential information. Post access of information, Apple may be required to file a reply on the CCI probe report, and accordingly, the hearing will begin,” a source was quoted as saying. 

Apple will have four weeks to furnish information sought by the watchdog in this case. 

The source added, “Apple and some other selectively related entities will be given a chance to physically verify the documents and details of the probe report and maybe be given a certified copy of those documents”.

The development comes a month after reports claimed that the CCI rejected Apple’s request for putting on hold an antitrust report that detailed the big tech giant’s violation of competition laws in the country. 

In its plea, Apple had claimed that the main complainant, non-profit Together We Fight Society (TWFS), failed to comply with the watchdog’s directives to destroy earlier investigation reports.

The CCI, in August, had ordered an unusual recall of investigation reports after Apple claimed the watchdog disclosed commercial secrets to its competitors, including Tinder-owner Match, in connection with the antitrust probe. Thereafter, the Commission directed the parties to return the reports and destroy any copies. Following this, it issued new reports.

The watchdog kicked off its investigation against Apple in 2021 on allegations of the company abusing its dominant position in the app marketplace space and forcing developers to use its in-app payments system.

Subsequently, earlier this year, reports said that the CCI internally found the Cupertino-based big tech guilty of flouting competition laws and implementing unfair trade practices. 

It is pertinent to highlight that Apple is not the only big tech company under the radar of the CCI. In 2022, the watchdog imposed two separate penalties, totalling over INR 2,200 Cr, on Google for abusing its dominant position in the Android devices market and with respect to its Play Store policies. 

In November this year, the CCI also slapped a penalty of INR 213.14 Cr on social media giant Meta for abusing its dominant position in connection with the 2021 WhatsApp privacy policy update. 

Later, the Commission also internally found ecommerce giants Amazon and Walmart-owned Flipkart guilty of flouting competition laws by preferring certain sellers on their platforms.