Apple and app tracking in the spotlight of German antitrust authorities Apfelpatient

Apple's app tracking transparency is once again attracting attention in Germany. The Federal Cartel Office is investigating whether the system's implementation is fair or whether Apple is strengthening its own position in the advertising market. Data protection, market balance, and regulation directly intersect here. The case demonstrates how sensitive the interplay between technology, competition, and user rights has become.

With the introduction of App Tracking Transparency in April 2021, Apple changed the standard for mobile advertising. Since then, the iPhone requires explicit consent for tracking across different apps. The idea behind it is clear: to strengthen data privacy and give users control over their data. But these very rules also have consequences for the market. Developers and regulatory authorities criticize the fact that Apple itself may be benefiting from the system, while third-party providers face additional hurdles. The German Federal Cartel Office is now investigating whether these differences are justified or whether they create an unfair competitive advantage.

The German Federal Cartel Office is examining Apple's tracking information.

At the beginning of 2025, Apple was granted the status of a company of significant importance to competition in Germany. This classification allows the regulatory authority to intervene more quickly if there is suspicion that a dominant corporation is distorting competition. This is precisely the case now. The authority is examining the tracking information provided by the "Tracking Transparency" app and investigating whether Apple presents its own apps more leniently than third-party apps.

The original ATT warnings for Apple's own apps used different wording and a different layout. The agency believes this may have led users to more frequently decline tracking by third-party apps, even if those apps adhere to the same rules. Apple was notified and has agreed to revise the warnings.

Apple adjusts text, content, and layout.

Apple has announced plans to standardize the wording, content, and visual layout of its tracking notices. Going forward, every app category will use the same template. The changes are intended to be more neutral and ensure that proprietary apps no longer have an unfair advantage. The process for developers to request permission to use advertising data has also been simplified.

The authorities welcome these steps. However, a major point of contention remains. Apple intends to continue measuring advertising performance without requiring user consent. This primarily concerns the company's attribution system. Third-party providers, on the other hand, must obtain explicit consent for comparable measurement systems. This is precisely where the authorities suspect an imbalance.

Cooperation with data protection authorities

The Federal Cartel Office is working closely with German data protection authorities in its investigation, including the Federal Commissioner for Data Protection and Freedom of Information and the Bavarian State Data Protection Authority. These bodies are publishing guidelines on consent to ensure that the revised system complies with European data protection laws.

The investigation is part of a broader European trend. France already fined Apple €150 million in March 2025. The accusation: the tracking system favored Apple's internal services over third-party apps. The focus there was primarily on consent requests and the unequal treatment of internal services. The German investigation follows a similar line of reasoning but uses national competition law tools.

Involvement of the European Commission

In parallel, the European Commission is investigating possible violations of European competition law, including Article 102 of the Treaty on the Functioning of the European Union. The aim is to clarify whether Apple's rules restrict competition in the mobile advertising market.

Apple defends itself by pointing out that AT&T gives users clear and meaningful control over their data. Since its introduction, the system has made mobile advertising more transparent. According to Apple, most users appreciate this choice. Developers see things differently and warn that the financial impact varies greatly depending on the industry. Reliable data on the overall impact on the European market is not yet available.

Authorities analyze revenue trends and consequences for publishers

Regulators are therefore collecting documents from developers to understand how Apple's App Store (ATT) affects revenue patterns. Of particular importance is the question of whether smaller publishers could be at risk in the long term. Apple continues to emphasize that privacy is paramount and that users should not compromise on security. German authorities support the fundamental principle of data protection but want to ensure that Apple does not gain a structural advantage (via Reuters).

Point of contention: Ad attribution

A significant part of the debate revolves around Apple's attribution system. The company states that this system is not based on cross-app tracking and therefore does not require consent. Opponents doubt this. If third-party providers have to display a consent banner for similar features, but Apple does not, this could create unfair conditions.

With the new, unified consent screens, iPhone owners will encounter a clearer, more neutral design. The text will be identical for both Apple and third-party apps. Developers are hoping for a more balanced user experience. However, the extent to which these changes will affect the market will only become clear after some time.

Apple's user controls for its attribution system remain unchanged. Regulators intend to further examine this. They want to determine whether Apple's justification for data usage is valid or whether internal products gain an unfair advantage as a result.

Statements and further steps

Before the Federal Cartel Office makes a final decision, it will solicit statements from media companies, publishers, and data protection authorities. Crucially, the revised guidelines will perform well in the market and whether attribution continues to be a cause for concern.

Apple's changes create more standardized consent processes, thus addressing a key concern raised by European authorities. However, it remains unclear how Apple will measure advertising performance in the future and whether this measurement method will harm competition.

Apple is being unfairly criticized for its ATT privacy feature

The German Federal Cartel Office assesses the impact of Apple's AT&T on competition.

This case demonstrates how closely data protection, competition, and advertising technology are now intertwined. Apple is committed to a strong data privacy profile. European authorities are examining whether this approach also ensures a fair market. The coming months will determine whether Apple needs to make further adjustments. Decisions from Germany and the European Union could shape how Apple designs its tracking systems and advertising technologies in the future and how competition on mobile platforms evolves. (Image: Shutterstock / nitpicker)