On December 22, 2025, Italy’s antitrust watchdog (AGCM) fined Apple Inc., Apple Distribution International Ltd., and Apple Sales International a total of €98.6 million (about $116 million). The ruling found that Apple’s App Tracking Transparency (ATT) feature – introduced to boost user privacy – unfairly restricted competition in the App Store by imposing burdensome rules on third-party developers.
Why the fine?
The AGCM isn’t challenging privacy protections themselves but how Apple enforced ATT:
- Third-party apps must display Apple’s ATT prompt plus a separate GDPR-compliant consent prompt for EU users, creating a “double consent” hassle. This leads to user fatigue, more opt-outs, and lower ad earnings for developers.
- Apple’s own apps (like Apple Music or the App Store) often bypass this with a single, streamlined tap or no extra prompt, giving Apple an unfair advantage in data collection and advertising.
- AGCM ruled this violates Article 102 of the Treaty on the Functioning of the European Union (TFEU), abusing Apple’s “absolute dominant position” in iOS app distribution.
- The authority noted ATT could generate financial benefits for Apple (e.g., pushing users toward Apple’s ad network) while harming competitors who rely on targeted ads.
- Investigation started in May 2023 after complaints from developers and ad firms; it concluded ATT’s rules are “disproportionate” to privacy goals and weren’t discussed with affected parties.
Apple’s response:
Apple strongly disagrees and plans to appeal. In a statement: “We are committed to defending strong privacy protections. ATT applies equally to all developers, including Apple, and empowers users with control over their data.” Apple argues the fine overlooks user benefits and that they’ve already proposed prompt changes in other countries.
More Insights:
- This echoes a €150 million ($162 million) fine from France’s Autorité de la Concurrence in March 2025 for similar ATT favoritism toward Apple’s ads.
- Ongoing probes in Poland and Romania focus on ATT’s competitive impact.
- In Germany, the Bundeskartellamt is reviewing Apple’s ATT updates (announced earlier in December 2025), including neutral prompt wording, simplified consents, and equal treatment for third-party apps. Apple agreed to these to comply with local laws, but implementation is ongoing.
- EU-wide scrutiny ties into the Digital Markets Act (DMA), which forces Apple to allow sideloading, third-party app stores, and fairer practices – though Apple has pushed back, warning it could weaken privacy and security.
- No major U.S. equivalents yet, but Epic Games’ antitrust wins (e.g., killing the “Apple Tax” on some payments) show growing global pressure on Apple’s ecosystem.
In simple terms , Apple aimed to be a privacy hero with ATT, but regulators see it as a tool to dominate ads and crush rivals. This fine highlights tensions between privacy laws (like GDPR) and competition rules. For users: More control over data, but potentially fewer free ad-supported apps. For developers: A push for fairer rules, but appeals could drag on. Watch for Apple’s court challenge and ripple effects in the EU, this could force ATT tweaks worldwide.
What’s your thoughts on this?