France’s antitrust regulator fines Apple for abusing dominant position in mobile apps distribution

France’s antitrust regulator fined Apple 150 million euros ($162 million) on Monday for abusing its dominant position in the distribution of mobile applications for iOS and iPad devices between April 2021 and July 2023.

The French Competition Authority said it found that the objective of Apple’s App Tracking Transparency (ATT) framework asking for users’ permission before tracking them was not in itself open to criticism. But it ruled that the “way in which it was implemented was neither necessary nor proportionate to Apple’s stated objective of protecting personal data.”

The framework requires iPhone or iPad users to consent to data collection by third-party applications in systems operated by Apple, in order to better protect privacy, and displaying a window in a partially standardized format.

Apple said in a statement that the ATT give users more privacy control “through a required, clear, and easy-to-understand prompt about one thing: tracking.”

“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,” the company said. “While we are disappointed with today’s decision, the French Competition Authority (FCA) has not required any specific changes to ATT.”

The French watchdog deplored that the system led to a proliferation of consent windows, making it excessively difficult for users of third-party applications to navigate the iOS environment. It also questioned the system’s neutrality, saying it penalized the smallest publishers which depend to a large extent on the collection of third-party data to finance their activity.