Italy’s competition authority, the Autorità Garante della Concorrenza e del Mercato (AGCM), has imposed a fine of €98.6 million (approximately £86 million) on Apple and two of its subsidiaries for abusing its dominant position in the iOS app distribution market through its App Tracking Transparency (ATT) policy.
Introduced in iOS 14.5 in 2021, ATT requires third-party apps to obtain explicit user permission via a standardised prompt before tracking activity across other apps and websites for personalised advertising purposes. This uses the Identifier for Advertisers (IDFA), a unique device identifier that enables data from various sources to be linked for ad targeting.
The AGCM concluded a two-year investigation, conducted in coordination with the European Commission, other EU antitrust bodies, and Italy’s data protection authority. It found that Apple’s implementation of ATT is anticompetitive. Key issues include the following:
The ATT consent prompt does not fully comply with EU privacy regulations (such as GDPR), forcing developers to display an additional, compliant consent banner. This “double consent” requirement creates undue burden, reducing user approval rates and limiting developers’ ability to collect and use data for advertising.
These restrictions disproportionately harm app developers, advertisers, and ad intermediation platforms that rely on personalised ads, with smaller operators facing the greatest impact.
Apple could have achieved similar privacy protections through less restrictive means, such as allowing a single, compliant consent step.
The policy was imposed unilaterally without prior consultation with developers and may indirectly benefit Apple by increasing its App Store commissions and boosting its own advertising services.
The regulator emphasised that while enhanced user privacy is a legitimate goal, Apple’s approach is disproportionate and favours its own ecosystem.
Apple has stated it “strongly disagrees” with the decision, arguing that ATT provides essential privacy controls that apply equally to all developers, including itself, and has been praised by users and privacy advocates worldwide. The company plans to appeal the fine.
This ruling follows a similar penalty imposed by French regulators earlier in 2025 for comparable concerns with ATT. Apple is appealing that decision as well and has reportedly adjusted the feature in Germany to address ongoing scrutiny there. Investigations continue in other countries, including Poland.
Author: George Nathan Duluan