The first day of sale of the iPhone 15 smartphone in Mumbai, India, on Sept. 22, 2023.Apple has filed a case in Delhi High Court against the country's anti-trust body because of how it considers global turnover when calculating penalties.The iPhone maker, which is among the fastest growing smart phone brands in India, is challenging India's new antitrust law under which the U.S. company could incur fines of up to $38 billion, according to a report by Reuters.It added it was "unconstitutional, grossly dispro ...

Core Argument - Apple Inc has challenged the constitutionality of India's anti-trust law provisions that link penalties to global turnover, arguing that this violates fundamental rights guaranteed under the Constitution [1][2][4] Legal Provisions and Arguments - The company argues that the amended Section 27(b) of the Competition Act, which defines "turnover" as "global turnover," expands the basis for penalties to include worldwide revenue, which it claims is unconstitutional [3][4] - Apple seeks to quash the amended provisions and certain guidelines from the Competition Commission of India (CCI) that it deems arbitrary and ultra vires of the Competition Act [7][9] Confidentiality and Financial Statements - The petition requests the quashing of parts of the 'confidentiality ring' order that requires Apple to submit interlinked financial statements, arguing that this direction is legally invalid [5][6] Supreme Court Precedent - Apple references the Supreme Court's judgement in the Excel Crop Care case, which interpreted turnover as "relevant turnover," asserting that the doctrine of proportionality is protected under the Constitution [8] Specific Examples of Disproportionate Penalties - The company illustrates its argument by providing an example where a penalty based on total turnover would be arbitrary and disproportionate, as it would consider revenue from unrelated markets [10][11]