Italian regulator rules Apple’s ATT feature limits competition

Italy’s antitrust authority has fined Apple €98.6 million (about $116 million) for abusing a dominant position by ruling that its App Tracking Transparency framework limited competition in the App Store.

The press release from Italy’s AGCM states the fine was imposed on Apple Inc., Apple Distribution International Ltd and Apple Italia S.r.l. for breaches of article 102 of the TFEU in the market for supplying platforms to developers of apps for iOS users, where Apple holds a super-dominant position through the App Store.

It criticised Apple’s double consent prompts, saying they were disproportionate and that the same privacy objective could have been achieved without imposing two-step consent on third-party developers, while Apple’s own apps receive single-tap permission. The AGCM noted that Apple’s dominant position allowed unilateral imposition of ATT rules and emphasised that consent could be full, free and informed without restricting competition.

Apple said it would appeal the ruling, insisting the measures apply equally to all developers. The article also notes that ATT, launched with iOS 14.5, requires apps to obtain user consent to access the IDFA for tracking and advertising.