Italy’s Competition Authority (AGCM) has imposed a €98.6 million fine on Apple for abuse of its dominant market position, finding that the company violated Article 102 of the Treaty on the Functioning of the European Union.
The decision concerns the market for platforms that distribute mobile applications to users of Apple’s iOS operating system, a sector in which Apple holds an undisputed dominant position through its App Store. Following a lengthy investigation carried out in coordination with the European Commission, national competition authorities and Italy’s data protection watchdog, the AGCM focused on Apple’s App Tracking Transparency (ATT) policy, introduced in April 2021.
Under the ATT framework, third-party app developers are required to obtain explicit user consent for data collection and tracking through a standardised prompt imposed by Apple. However, the Authority found that this mechanism does not fully meet privacy law requirements, forcing developers to request consent a second time for the same purpose.
According to the AGCM, the ATT rules are imposed unilaterally, are disproportionate to the stated goal of protecting user privacy, and harm developers, advertisers and advertising intermediaries. By limiting access to user data essential for personalised advertising, the policy has negatively affected business models that rely on ad revenues. The Authority concluded that Apple could have ensured the same level of privacy protection while allowing developers to collect consent through a single, unified request.