France: French Competition Authority investigation into Apple’s implementation of the App tracking transparency (ATT) framework

On 23 October 2020, French Competition Authority (Autorité de la Concurrence) opened an investigation into Apple regarding upcoming changes to its iOS 14 operating system, after it received several complaints from online advertising stakeholders. Apple announced on 22 June 2020 that it will introduce a new feature named App Tracking Transparency (ATT framework) in order to improve the privacy protection of its users. In particular, the ATT framework would require apps and websites that are not owned by Apple to ask for the iPhone holders' explicit consent in order to track them and receive access to Apple’s Identifier for Advertisers (IDFA). In the complaint, it is alleged that Apple is abusing its dominant position in the market because it is requiring compliance with its ATT feature on iOS applications to gain access to the IDFA, which enables targeted advertising. In its investigation, the Competition Authority will determine if Apple’s new requirements are necessary and proportionate and whether the company is abusing its dominant power.