France Fines Apple €150 Million Over App Tracking Transparency Tool

On March 31, 2025, France’s antitrust regulator, the Autorité de la concurrence, imposed a €150 million ($162 million) fine on Apple, citing abuses related to its App Tracking Transparency (ATT) feature. The regulator accused Apple of leveraging its dominant position in the mobile app ecosystem to unfairly disadvantage competitors and smaller publishers reliant on third-party advertising revenue.

Background on ATT and the Allegations

Introduced in April 2021 with iOS 14.5, ATT is a privacy feature designed to give users control over which apps can track their activity for targeted advertising. It requires apps to obtain explicit user consent through pop-up prompts before collecting data. Apple has marketed ATT as a significant step toward enhancing user privacy.

However, the French regulator found that while ATT’s objective of protecting personal data is not inherently problematic, its implementation created unnecessary complexity for users and unfairly favored Apple’s own ecosystem. Key findings included:

• Excessive Complexity: Users had to provide consent multiple times for third-party tracking but only once for Apple’s own data collection until iOS 15 was introduced[1][2].
• Disproportionate Impact on Smaller Publishers: The system particularly harmed smaller app developers and publishers who rely heavily on third-party advertising revenue[3][5].
• Market Dominance Abuse: The regulator argued that Apple’s approach distorted competition by making it harder for rivals to collect user data while bolstering its own advertising services[2][6].

Legal and Regulatory Implications

The French watchdog determined that Apple’s practices violated competition laws and the EU’s General Data Protection Regulation (GDPR). It noted that the ATT framework was unnecessarily burdensome for users and failed to meet GDPR standards of neutrality and proportionality. Additionally, the Commission Nationale de l’Informatique et des Libertés (CNIL), France's data protection authority, found asymmetry in how Apple treated itself versus third-party publishers[6].

This decision marks the first antitrust fine targeting Apple’s ATT feature. Similar investigations are underway in other European countries, including Germany, Italy, Romania, and Poland[3][7].

Apple's Response

Apple expressed disappointment with the ruling but emphasized that no changes to ATT were mandated by the French regulator. The company defended ATT as a tool that empowers users with greater privacy control through clear and consistent prompts for all developers, including itself. Apple also highlighted widespread support for ATT from privacy advocates and regulators globally[4][5].

Broader Context

This fine is part of growing scrutiny of Apple’s business practices in Europe. Last year, the European Union fined Apple €1.8 billion over App Store restrictions that allegedly stifled competition in music streaming services. Additionally, earlier this year, Germany's antitrust authority charged Apple with unfairly favoring its own services through ATT[4][7].

While €150 million is a relatively small penalty for a company of Apple’s size—its revenue reached $124 billion in Q4 2024—the decision underscores increasing regulatory pressure on Big Tech companies to ensure fair competition and compliance with privacy laws.

Next Steps

As part of the ruling, Apple must display the decision on its website for seven days. Meanwhile, the case could set a precedent for further actions by European regulators against Apple and other tech giants over similar practices[3][7].

Other Countries vs Apple

several other countries are currently investigating Apple’s App Tracking Transparency (ATT) framework for potential anticompetitive practices similar to the issues raised in France. These investigations focus on whether Apple unfairly favors its own services while imposing stricter rules on third-party app developers. Here are the key countries considering actions against Apple:

1. Germany: The Bundeskartellamt (Federal Cartel Office) has been investigating Apple since 2022 under special abuse controls designed to prevent large digital companies from leveraging their market power unfairly. The German regulator is particularly concerned about self-preferential behavior, alleging that Apple applies less stringent tracking rules to its own apps compared to third-party developers. In March 2025, Apple lost an appeal in Germany and is now awaiting a decision on potential fines136.
2. Italy: Italian authorities have opened a probe into whether ATT violates competition laws by disadvantaging third-party advertisers while benefiting Apple’s advertising services. Details of the investigation are still emerging12.
3. Romania and Poland: Regulators in these countries are also scrutinizing ATT for its impact on competition, particularly regarding smaller publishers and app developers who rely heavily on third-party advertising revenue. These investigations are part of broader European efforts to ensure compliance with competition and privacy laws12.
4. European Union: Beyond individual countries, the EU’s Digital Markets Act (DMA) imposes restrictions on self-preferencing by major tech platforms like Apple. The ATT framework is being evaluated under these regulations to determine whether it unfairly distorts competition across the digital advertising market6.

These ongoing investigations demonstrate growing international scrutiny of Apple's business practices, particularly concerning its control over the iOS ecosystem and its impact on competitors. While France’s €150 million fine represents a significant precedent, further regulatory actions across Europe could lead to additional penalties or mandated changes to how ATT operates.

Apple responding to France

Apple has expressed disappointment with the French regulator's decision to fine the company €150 million over its App Tracking Transparency (ATT) framework but has not announced any immediate plans to make changes to the tool. The French competition authority, while critical of how ATT was implemented, did not mandate specific modifications to the feature. Instead, Apple is required to pay the fine and publish the decision on its French website for seven days247.

In its response, Apple defended ATT as a privacy tool that provides users with greater control over their data through consistent and transparent prompts for all developers, including Apple itself. The company emphasized that ATT has received strong support from consumers, privacy advocates, and data protection authorities worldwide. Apple also reiterated that its implementation of ATT aligns with its commitment to user privacy and does not unfairly favor its own services357.

Despite the fine, Apple appears focused on maintaining ATT in its current form. The company did not indicate whether it would appeal the decision but highlighted that no changes to the ATT framework were required by the French regulator46. This stance suggests that Apple will continue to defend its privacy policies while addressing ongoing regulatory scrutiny in France and other jurisdictions.

Citations:
[1] https://www.pymnts.com/apple/2025/france-fines-apple-162-million-alleging-privacy-tool-violated-competition-law/
[2] https://www.euronews.com/my-europe/2025/03/31/french-antitrust-watchdog-fines-apple-150-million-over-data-collection-tool
[3] https://fortune.com/europe/2025/03/31/france-fines-apple-162-million-over-privacy-tool-att-software/
[4] https://www.cnbc.com/2025/03/31/france-fines-apple-150-million-euros-over-ios-privacy-tool.html
[5] https://www.computing.co.uk/news/2025/france-fines-apple-150-mn-euros
[6] https://www.jurist.org/news/2025/03/france-antitrust-watchdog-fines-apple-162m-for-violating-privacy-laws/
[7] https://www.reuters.com/technology/french-antitrust-regulator-fines-apple-150-million-euros-over-privacy-tool-2025-03-31/
[8] https://apnews.com/article/france-apple-antitrust-fine-d993553dc64b56b69f5266cf1fe79d95
[9] https://thehackernews.com/2025/04/apple-fined-150-million-by-french.html
[10] https://www.ccn.com/news/technology/apple-fined-france-favoring-own-tracking-one-click-consent/
[11] https://www.siliconrepublic.com/business/french-regulators-slap-e150m-fine-on-apple-over-privacy-tool
[12] https://appleinsider.com/articles/25/03/31/france-fines-apple-over-app-tracking-transparency-but-doesnt-order-changes
[13] https://www.fastcompany.com/91308494/apple-faces-162-million-fine-from-french-regulators-heres-why
[14] https://www.theverge.com/news/639583/apple-fine-app-tracking-transpareny-france
[15] https://www.bloomberg.com/news/articles/2025-03-31/france-fines-apple-150-million-over-ios-data-tracking-consent
[16] https://therecord.media/french-anticompetitive-fine-ad-tracking
[17] https://forums.appleinsider.com/discussion/239767/france-fines-apple-over-app-tracking-transparency-but-doesnt-order-changes