India, Jan. 23 -- Tech giant Apple Inc, which is facing a probe by anti-trust regulator CCI over allegations of abusing its position on its app store, has told the Delhi High Court that it should not be forced to participate in an "unconstitutional penalty regime" that permits penalties based on a company's global turnover for indulging in anti-competitive practices.

In a rejoinder filed in its litigation with the regulator, Apple said permitting it to approach the appellate forum, i.e. The National Company Law Appellate Tribunal, once any such "unjust" penalty is imposed on it by the Competition Commission of India (CCI) would mean that "constitutional harm" was already done.

The US-based company assured that its intention or purpose w...