The Italian competition authority (AGCM) announced that it has imposed a fine of 98.6 million euros on Apple and two of its subsidiaries, accusing them of allegedly abusing their dominant position in the mobile application (App Store). According to the AGCM, Apple violated European regulations through the App Store, where it holds “absolute dominance” in dealings with third-party developers.
The AGCM investigation began in May 2023, focusing on Apple policies imposed since April 2021. Regulators allege that the company penalized third-party app developers by imposing more restrictive privacy requirements through the App Tracking Transparency feature (ATT).
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The conflict around the ATT
Apple defended its position, saying it “strongly disagrees” with the decision and that it “ignores the important privacy protections” provided by the ATT. The tech company stressed that the ATT was created to give users simple and transparent control over whether companies can track their activity on other apps and websites. According to Apple, the rules apply equally to all developers, including the company itself.
Instead, the AGCM argues that the ATT terms are unilaterally imposed, are detrimental to the interests of Apple's business partners, and are disproportionate to the objective of protecting privacy. Furthermore, developers were forced to display double consent requests for the same purpose, which the regulators say constitutes a restrictive practice that violates privacy regulations.
International coordination and market influence
The AGCM stressed that the investigation was particularly complex and was carried out in coordination with the European Commission and other international regulators, which underlines the international dimension of antitrust investigations into technology companies with a global presence. The fine comes at a time when European Union regulators are stepping up pressure on big tech players to promote policies that restrict competition.
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The case directly concerns the mobile app market, where Apple maintains complete dominance through the App Store. The AGCM ruling highlights that the management of privacy policies cannot be used to restrict competition or unilaterally impose conditions on third-party developers.
Apple's response and the next day
Apple announced it would appeal the decision and reiterated its commitmentto “defend strong privacy protections.” Meanwhile, the case opens a dialogue about how major tech platforms can balance user privacy with fair competition in the app market.
The Italian decision highlights that regulators are determined to check the power of big tech players, especially when their practices affect not only competition but also the daily operation of millions of applications and businesses internationally.
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The Apple case in Italy is another chapter in the international antitrust oversight of big tech companies. The €98.6 million fine sends a clear message about the need for transparency and a level playing field in the app market, while the next phase with the appeal is expected to determine the future approach of both Apple and regulators in Europe.
