The relatively unknown group is also attacked by Apple in the filing, with the iPhone maker proposing the complaint was a "proxy filing" and that it 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." Apple counters that the entire smartphone market should be considered, including the licensable Android. The original filing by the non-profit Together We Fight Society accused Apple of dominating the market for non-licensable mobile operating systems. The filing adds "It has already been established that Google is the dominant player in India," referencing a September report by the CCI that found Google was acting in an anticompetitive way in India. "Without dominance, there can be no abuse." "Apple is not dominant in the Indian market," said the November 16 submission by Chief Compliance Officer Kyle Andeer.
Meanwhile, the Google-controlled Android is used by over 90% of smartphones in the region. The filing, seen by Reuters on Sunday, has Apple claiming its market share is "insignificant" at between 0% and 5% of the total market. In an attempt to fend off the investigation, Apple says it isn't big enough to even be classed as dominant in that particular market. In September, Apple became the subject of an antitrust complaint filed to the Competition Commission of India (CCI), under allegations it was abusing the market due to forcing developers to use the App Store's in-app payment mechanism.