Apple has requested India’s antitrust watchdog to throw out a case alleging abuse of market energy within the apps market, saying it’s too small a participant within the South Asian nation the place Google is dominant, a submitting seen by Reuters reveals.

The submitting was made after the Competition Commission of India (CCI) began reviewing allegations that Apple hurts competitors by forcing app builders to make use of its proprietary system which might cost commissions of as much as 30 % on in-app purchases.

Apple denied the allegations in its submitting to the CCI and confused that its market share in India is an “insignificant” 0-5 %, whereas Google instructions 90-100% as its Android working system powers most different smartphones.

“Apple is not dominant in the Indian market … Without dominance, there can be no abuse,” Apple mentioned within the submission dated November 16 which was signed by its Chief Compliance Officer, Kyle Andeer.

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

Apple and the CCI didn’t reply to a request for remark. A spokesperson for Alphabet’s Google declined to remark when requested about Apple’s assertions within the submitting.

The complainant within the case, a little-known non-profit group known as “Together We Fight Society”, mentioned that Apple with iOS dominates the marketplace for non-licensable cellular working techniques.

Apple countered that in its submitting, saying your entire smartphone market – which incorporates licensable techniques like Android – is the market that needs to be considered.

Apple additionally described the Indian criticism as a “proxy filing” in its CCI submission, saying that the complainant was “likely acting in concert with parties with whom Apple has ongoing commercial and contractual disputes globally and/or that have complained to other regulators.”

The US tech firm didn’t give any proof in its submission to assist its declare. The non-profit instructed Reuters that Apple’s comment was “made to prejudice the mind” of the CCI “without any iota of proof.”

In the approaching weeks, the CCI will assessment Apple’s response to the allegations and will order a wider investigation or dismiss the case altogether if it finds no advantage in it. Details of CCI investigations usually are not publicly disclosed.

The CCI is individually conducting an investigation into Google’s in-app fee system as a part of a broader probe into the corporate after Indian startups final 12 months voiced concern.

Apple’s iOS powered about 2 % of 520 million smartphones in India as of end-2020 with the remaining utilizing Android, based on Counterpoint Research, although it provides that Apple’s smartphone base within the nation has greater than doubled within the final 5 years.

GLOBAL ISSUE

Apple has been grappling with comparable allegations in different elements of the world. In the US, it’s locked in a authorized battle with Fortnite creator Epic Games over the problem and South Korea this 12 months grew to become the primary nation to ban dominant app retailer operators from forcing builders to make use of their fee techniques.

In the European Union, regulators final 12 months began an investigation into Apple’s in-app charges for the distribution of paid digital content material and different restrictions.

Companies like Apple and Google say their charges cowl the safety and advertising advantages their app shops present.

In its CCI submitting, Apple argued that the in-app commissions it prices are “not unfair or excessive” and have decreased over time, including that it prices decrease charges from small builders.

“Only a small number of large developers, many of which are multi-billion-dollar conglomerates, pay the headline rate of 30 percent,” Apple mentioned.

“Competing platforms have charged similar or higher commissions as Apple. Particularly, Google has charged a 30 percent commission on its app store,” it mentioned.

© Thomson Reuters 2021