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Apple has filed to avoid an antitrust investigation in India, telling the regulator it isn’t big enough in the country to abuse its market power, while saying the complaint was filed by critics of the App Store. -policy.
In September, Apple became the subject of an antitrust complaint filed with the Competition Commission of India (CCI), over allegations that it abused the market by forcing developers to use the App Store’s in-app payment mechanism. In an effort to fend off the research, Apple says it isn’t big enough to even be labeled as dominant in that particular market.
The submission, seen by Reuters on Sunday, Apple claimed its market share is “insignificant” between 0% and 5% of the total market. Meanwhile, Google-powered Android is used by more than 90% of smartphones in the region.
“Apple is not dominant in the Indian market,” said Chief Compliance Officer Kyle Andeer on Nov. 16. “Without dominance, there can be no abuse.”
The filing adds, “Google has already been identified as the dominant player in India,” citing a September report by the CCI that found Google was acting in an anti-competitive manner in India.
The original filing by the nonprofit Together We Fight Society accused Apple of dominating the market for unlicensable mobile operating systems. Apple argues that the entire smartphone market should be considered, including licensable Android.
The relatively unknown group is also being attacked by Apple in the filing, with the iPhone maker suggesting the complaint was a “proxy filing” and that it “probably acted in concert with parties with whom Apple has ongoing commercial and contractual disputes worldwide and /or who have complained to other regulators.”
That list could include Epic Games, Tile, Spotify, and many others who have criticized Apple’s App Store policies, including its known 30% transaction fee.
Together We Fight Society told Reuters it believes the comment “without any evidence” was made to hurt the spirit of the CCI. Apple has reportedly failed to attach evidence of its “proxy filing” claim.
The CCI is still in the process of determining whether or not a full investigation into the complaint should be launched, and could make that decision within weeks.