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Apple’s app tracking privacy framework could fall foul of German antitrust rules
Germany's antitrust authority, the Bundeskartellamt (FCO), is investigating Apple's App Tracking Transparency framework for potential self-preferencing of its apps over third parties. Preliminary findings indicate that Apple’s practices might violate German antitrust rules, as they treat consent dialogues for their apps more favorably than for third-party apps, despite regulations against such behaviors.
Key points
- The FCO has been investigating Apple since 2022 for potential antitrust violations.
- Preliminary findings suggest Apple may not treat third-party developers equally.
- Apple is banned from self-preferencing in Germany since April 2023 due to its market power.
- The FCO concludes Apple's practices may violate both Section 19a(2) of the German Competition Act and Article 102 TFEU.
- Apple’s App Tracking Transparency framework imposes stricter requirements on third-party apps than its own.
- There are concerns over how many consent dialogues are shown and the wording favoring Apple’s apps.
- Apple has the opportunity to respond to these findings, while developers complain about perceived double standards.
- Apple is appealing the FCO’s designation, with a court decision pending in March 2025.
Why it matters
- The situation reflects increasing scrutiny on big tech companies in Europe, particularly under the Digital Markets Act (DMA).
- Similar enforcement actions against self-preferencing practices have been seen with other tech giants like Google and Meta.
- The growing emphasis on user privacy and data control among consumers is driving regulatory changes and scrutiny.
The FCO's investigation into Apple's practices highlights the critical tension between privacy frameworks and competition laws in Europe, and the outcome could significantly impact how big tech operates within the EU.