Italy: Announced AGCM decision to extend deadline for concluding investigation into Apple over alleged abuse of dominant position in app market

On 8 October 2024, the Italian Competition Authority (AGCM) evaluated Apple’s App Tracking Transparency (ATT) policy, focusing on its potential anti-competitive effects. Apple’s ATT framework, introduced as part of its iOS mobile operating system, mandates third-party app developers to seek explicit user consent before accessing the Identifier for Advertisers (IDFA), a unique code used for targeted advertising. The AGCM reviewed Apple’s requirement in light of Article 102 of the Treaty on the Functioning of the European Union (TFEU), which prohibits the abuse of a dominant market position. Apple’s ATT policy is seen as potentially imposing restrictive and non-transparent conditions on third-party developers, which may give Apple an advantage in controlling access to user data for advertising purposes. The AGCM expressed concern that Apple's ATT framework could distort competition in the iOS app development and distribution market by setting terms that appear biased toward Apple’s own applications and services. This includes potentially burdensome requirements for developers to obtain consent, duplicating privacy obligations while potentially favouring Apple’s access to user data. The AGCM noted that other European Competition Network authorities are also assessing Apple’s ATT policies to ensure consistent application of Article 102 TFEU. Given the complexity of the matter, the AGCM extended the investigation deadline to 31 October 2025, allowing for further analysis and coordination with parallel investigations in other jurisdictions.