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Italy Fines Apple $115 Million Over App Store Privacy Rules: What It Means for Developers, Users, and Big Tech
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10:59
Italy has handed Apple a €98.6 million ($115 million) antitrust fine, accusing the tech giant of abusing its dominant position in the mobile app market through the way it enforces privacy rules on its App Store.
The ruling goes beyond the penalty itself. It cuts into a wider debate shaping global tech policy: whether a platform owner can design privacy rules that apply more strictly to rivals than to its own services.
Italy’s antitrust regulator, the Italian Competition Authority (AGCM), said Apple violated European competition law by imposing restrictive conditions on third-party app developers.
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According to the authority, Apple enjoys “absolute dominance” over the distribution of apps on iPhones and iPads. That dominance, regulators argued, allowed Apple to dictate non-negotiable privacy terms that developers could not realistically refuse, even when those terms went beyond what was necessary to protect user privacy.
The case centers on Apple’s App Tracking Transparency (ATT), introduced in 2021. The framework requires apps to ask users explicitly whether they allow tracking across apps and websites for advertising purposes.
ATT was widely praised by privacy advocates for increasing transparency. At the same time, advertisers and developers warned it would significantly disrupt the digital advertising market, especially for apps that rely on targeted ads to stay free.
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Italy’s watchdog did not challenge the principle of user consent. Instead, it focused on how Apple enforced ATT:
AGCM said these requirements hurt developers’ ability to compete effectively in digital advertising without delivering proportionate privacy benefits.
This question lies at the heart of the ruling. Regulators said Apple effectively acted as both referee and player.
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While third-party developers had to comply with rigid consent flows, Apple retained more flexibility in how its own services handled advertising-related data. According to the authority, this imbalance weakened rivals while strengthening Apple’s own advertising position inside iOS.
AGCM also said parts of Apple’s ATT process “do not comply with privacy regulations,” raising concerns that the system may fail both competition and privacy tests.
Apple rejected the findings and said it will appeal the decision.
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The company argued that ATT gives users a clear and simple way to control tracking across apps and websites. Apple said the rules apply equally to all developers, including Apple itself, and insisted that strong privacy protections are a core part of its business model.
Apple also warned that undermining ATT could weaken user trust and roll back privacy protections across the digital ecosystem.
AGCM said the investigation, launched in May 2023, was conducted in coordination with the European Commission and other international antitrust regulators.
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The ruling fits into a broader European push to rein in Big Tech. Apple is already facing scrutiny under the EU’s Digital Markets Act, which aims to limit how dominant platforms can favor their own services. Similar questions about self-preferencing and platform power are being raised across the continent.
The Italian decision sends a clear signal that privacy arguments will not automatically shield companies from competition law. Regulators are increasingly willing to ask whether privacy rules are being used to protect users or to protect market power.
For other platform operators, the case raises a broader issue: who sets the rules, and who benefits most from them?
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For many developers, the ruling validates long-standing complaints about ATT.
Developers have argued that the framework reduced ad revenues, increased compliance burdens, and made it harder to compete with Apple’s own services. If Apple is ultimately forced to revise how ATT is applied, developers could regain some flexibility in how they monetize apps and engage users.
For users, the ruling does not mean privacy protections are being rolled back.
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Regulators stressed that privacy remains essential. Their concern was fairness and proportionality, not consent itself. In fact, the case could lead to clearer and less repetitive consent prompts, reducing user fatigue while preserving meaningful choice.
Apple’s appeal means the legal fight could continue for years. Key questions include whether Italian courts uphold the fine, whether Apple changes ATT proactively, and whether other regulators follow Italy’s lead.
For now, the €115 million penalty stands as one of the strongest challenges yet to Apple’s App Store practices in Europe.
Italy fined Apple €98.6 million ($115 million) for abusing its App Store dominance. Regulators targeted how Apple enforced App Tracking Transparency, saying third-party developers faced stricter rules than Apple itself. Apple denies wrongdoing and plans to appeal. The case could reshape how privacy and competition intersect across Big Tech platforms.
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