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Apple Fined €98.6 Million by Italian Antitrust for Abusive ATT Tracking Rules

The regulator says Apple’s tracking prompt unlawfully restricts competition by forcing duplicate consent requests that undermine developers’ ability to run personalized advertising.

Overview

  • AGCM found Apple breached Article 102 TFEU in the market for platforms distributing iOS apps, where it holds an absolute dominant position through the App Store.
  • The decision targets the App Tracking Transparency policy introduced in April 2021, which requires third‑party apps to use Apple’s consent screen.
  • Regulators said the ATT prompt alone does not satisfy privacy requirements, compelling developers to seek consent a second time for the same purpose.
  • The sanction totals €98,635,416.67 and applies to Apple Inc., Apple Distribution International Ltd, and Apple Italia S.r.l.
  • The investigation was coordinated with the European Commission, other national competition authorities, and Italy’s data protection authority, and no company response was reported in the coverage.