In a significant regulatory move, Apple faces another major antitrust penalty in Europe, this time from Italy. The fine centers on the company's App Tracking Transparency (ATT) framework, a privacy feature hailed by users but increasingly scrutinized by regulators for its potential anti-competitive effects on the digital advertising market.
The Italian Antitrust Ruling
On December 22, Italy's Competition and Market Authority (AGCM) imposed a fine of EUR 98.6 million (approximately USD 116 million) on Apple, Apple Distribution International, and Apple Italy. The regulator concluded that Apple abused its dominant position in the iOS app distribution market through its App Tracking Transparency policy. The core of the AGCM's argument is that the ATT rules impose "excessively burdensome" and "disproportionate" conditions on third-party app developers, which go beyond what is necessary to protect user privacy under Italian and EU law.
Key Details of the Italian Antitrust Fine:
- Authority: Italian Competition and Market Authority (AGCM)
- Date of Announcement: December 22, 2025
- Amount: EUR 98.6 million (approx. USD 116 million)
- Targeted Policy: App Tracking Transparency (ATT), launched in April 2021
- Core Allegation: Abuse of market dominance by imposing "disproportionate" privacy rules on third-party developers.
- Specific Issue: A "double consent" requirement for third-party apps, compared to a single step for Apple's own apps.
- Apple's Stance: Strongly disagrees with the decision; will appeal.
The "Double Consent" Controversy
The AGCM's investigation focused on a specific technical implementation within the ATT framework. The policy, launched in April 2021, requires third-party apps to ask users for permission to track their activity across other companies' apps and websites. The Italian authority found that Apple's system forces these developers to obtain user consent twice: once through the iOS system prompt and again within their own app. In contrast, Apple's own first-party apps can obtain the same permission with a single tap. This discrepancy, the AGCM argues, creates an uneven playing field, unfairly disadvantaging third-party developers.
Impact on the App Ecosystem
The practical consequence of this "double consent" mechanism, according to the regulator, has been a significant reduction in user opt-in rates for data tracking by third-party apps. This directly harms developers, particularly smaller ones, whose business models often rely on revenue from personalized advertising. By making it harder for these apps to gather data, Apple is accused of stifling competition within its own ecosystem, potentially strengthening the position of its own advertising services. The AGCM stated that Apple could have ensured the same high level of privacy protection for users while allowing developers to obtain consent in a single, streamlined step.
Apple's Response and Broader Context
Apple has stated it "strongly disagrees" with the AGCM's decision and plans to appeal. The company reiterated its commitment to defending what it sees as industry-leading privacy protections for its users. This Italian fine is not an isolated incident. It follows a EUR 150 million (USD 162.4 million) penalty from France's competition authority in March 2025 over similar concerns regarding the ATT system. These consecutive rulings signal a growing regulatory consensus in Europe that privacy features, while important, must not be implemented in a way that reinforces the market power of dominant gatekeeper platforms like Apple.
Comparative Regulatory Action:
| Country | Authority | Date | Fine Amount | Core Issue |
|---|---|---|---|---|
| Italy | AGCM | Dec 2025 | EUR 98.6 million | ATT policy's "disproportionate" burden on third-party developers. |
| France | Competition Authority | Mar 2025 | EUR 150 million (USD 162.4M) | Similar concerns regarding Apple's ATT system and its impact on competition. |
The Future of Privacy and Competition
The Italian ruling highlights the complex and often conflicting priorities in the modern digital economy: user privacy, fair competition, and platform control. As Apple prepares its appeal, the case will be closely watched by developers, regulators, and privacy advocates worldwide. The outcome could influence how other global regulators approach similar features and set important precedents for balancing robust privacy safeguards with the need for a competitive and innovative app marketplace. The tension between these goals is likely to define tech regulation for years to come.