Core Viewpoint - Apple Inc. has challenged the amended Competition Act in India, which allows the Competition Commission of India (CCI) to impose penalties based on global turnover, potentially exposing the company to fines of approximately $38 billion for FY22 to FY24 [1][12]. Legal Challenge - Apple seeks to partially quash the CCI's Confidentiality Ring Order that requires the company to submit audited financial statements for FY2022-FY2024 under the new penal provisions [2][12]. - The company argues that the retrospective application of the amended penalty provisions is unconstitutional and violates the doctrine of proportionality as protected under Articles 14 and 21 of the Indian Constitution [5][12]. Implications of the Amended Law - The amended law allows penalties to be calculated based on global turnover rather than the relevant turnover from the specific product or service involved in the alleged contravention, which could lead to disproportionately high fines [9][10][12]. - Experts suggest that this change may significantly increase financial liabilities for foreign companies operating in India and Indian firms with global operations [8][12]. Previous Legal Context - Prior to the amendments, penalties were based on 'relevant turnover' as defined by the Supreme Court's 2017 judgment, which focused on the turnover generated from the specific infringing product or service [9][12]. - The new provisions could lead to penalties based on total global turnover, including revenues from products or services unrelated to the alleged violation, raising concerns about fairness and proportionality [10][12].