France slaps Apple with $162 million fine for abusing app tracking rules

France fines Apple $162 million for unfair app tracking rules, claiming its ATT framework harms competition, but Apple insists it prioritises user privacy and transparency

France’s antitrust watchdog has fined tech giant Apple $162 million for abusing its dominant position in the distribution of mobile apps on iOS and iPadOS between April 2021 and July 2023.

 

The French Competition Authority (FCA) ruled that Apple’s App Tracking Transparency (ATT) framework, while designed to protect user privacy, was implemented in a way that unfairly harmed competition.  

 

Apple’s ATT: Privacy or competitive advantage? 

The ATT framework requires iPhone and iPad users to explicitly consent to data tracking by third-party apps through a standardised pop-up window. Apple argued that this feature gives users greater control over their data.  

 

“That prompt is consistent for all developers, including Apple, and we have received strong support for this feature from consumers, privacy advocates, and data protection authorities around the world,” Apple said in a statement.  

 

However, the French regulator found that while Apple's goal of protecting personal data was valid, the way it implemented ATT was neither necessary nor proportionate. The FCA criticised the system for making it excessively difficult for users of third-party apps to navigate iOS, leading to a proliferation of consent windows.  

 

Smaller app publishers hurt the most   

One of the biggest concerns raised by the FCA was the impact on smaller app developers. The watchdog said Apple’s system favoured its own ecosystem while penalising smaller publishers who rely on third-party data collection to fund their businesses.  

 

By restricting access to user data, Apple weakened competition in mobile advertising, forcing smaller developers to operate with fewer resources while Apple’s own services remained unaffected.  

 

Apple responds to fine   

Despite the ruling, Apple rejected the allegations, saying it remains committed to user privacy and transparency.   "While we are disappointed with today’s decision, the FCA has not required any specific changes to ATT,” Apple stated.  

 

[With AP inputs]