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One free scan finds every outdated or missing driver and matches the right update for your exact hardware.Free scan · exact hardware matchFrance’s competition authority fined Apple €150 million on 31 March 2025, finding that the company’s implementation of App Tracking Transparency (ATT) disadvantaged third-party app publishers and advertising providers. The ruling does not condemn the goal of protecting users from tracking: it concerns how Apple’s consent system worked alongside publishers’ own consent prompts. The decision is under appeal.
What is Apple’s App Tracking Transparency prompt?
App Tracking Transparency is Apple’s system prompt for iPhone and iPad apps. It asks users to allow or refuse tracking across apps and websites owned by other companies. App publishers could not rely on ATT alone to collect consent that met applicable data-protection requirements, according to the Autorité de la concurrence, France’s competition authority. Publishers therefore continued to use their own consent tools, often called consent management platforms (CMPs).
That meant a user could encounter both Apple’s ATT prompt and a publisher’s separate consent window. The authority’s concern was not that users were offered a choice about tracking, but that the combined system and its operating rules made consent more complicated and affected competitors differently.
Why did France find Apple’s consent practices discriminatory?
The Autorité found that the interaction between ATT and publishers’ CMP prompts was not neutral. In its assessment, the design made it harder for users to navigate third-party apps and imposed an unfair burden on publishers and advertising-service providers, particularly smaller publishers that rely more heavily on third-party data for revenue.
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Users faced additional steps
The authority said users might have to respond to more than one consent window. It also identified an asymmetry: a user could refuse ad tracking in one step, while giving consent required an additional confirmation. The authority considered the resulting system excessively complex for users.
The finding concerned implementation, not the privacy goal
The authority accepted that protecting users from tracking was a legitimate objective. It found the way ATT was implemented neither necessary nor proportionate to that objective. It characterized the implementation rules as unfair trading conditions because, in its view, they were not objective or transparent and discriminated against other market participants. In this context, “discriminatory” describes the competition authority’s assessment of the rules and their effects; it is not a finding that privacy prompts generally are unlawful.
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What did the €150 million decision cover?
Decision 25-D-02, dated 31 March 2025, found an abuse of a dominant position under Article 102 of the Treaty on the Functioning of the European Union and Article L. 420-2 of the French Commercial Code. The authority described Apple as vertically integrated across iPhone and iPad hardware, iOS and App Store distribution, and found it dominant in the relevant iOS app-distribution context. The complaint was brought by advertising and publisher trade groups IAB France, MMA France, UDECAM and SRI, followed by a further complaint from GESTE.
| Case detail | What the decision says |
|---|---|
| Fine | €150 million, imposed jointly and severally on Apple Distribution International Limited, Apple Operations International Limited and Apple Inc. |
| Conduct period | 26 April 2021 to 25 July 2023 |
| Decision and announcement | Decision 25-D-02 and the authority’s announcement are dated 31 March 2025. |
| Status | The Autorité’s decision page states that an appeal is pending before the Paris Court of Appeal. |
The authority’s decision concerns ATT implementation in the distribution of mobile apps on iOS and iPadOS. The decision page also discusses the Digital Markets Act as part of the market context; the ruling should not be read as a description of today’s app-distribution rules as unchanged.
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What role did CNIL play?
The €150 million fine came from the Autorité de la concurrence, not CNIL, France’s data-protection authority. CNIL gave opinions during the competition investigation. Its view, as quoted in the competition decision, was that modest adjustments could make the ATT prompt suitable for valid consent without removing user safeguards such as an equally simple refusal and a clear mention of tracking. CNIL said this could avoid a complex system with duplicate prompts.
A separate Conseil d’État judgment dated 14 May 2024 provides background on French consent law, but it was a distinct CNIL enforcement matter, not part of the €150 million competition ruling. That case concerned technical data collection through Apple’s IDFV after a user refused ATT tracking and prior-consent requirements under Article 82 of the French Data Protection Act for the advertising-related device access at issue.
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What the ruling means—and does not mean
- It is a competition-law decision. The authority applied EU and French rules on abuse of dominance to Apple’s ATT implementation in a defined app-distribution context.
- It is not a ruling that privacy prompts are unlawful. The authority distinguished Apple’s stated privacy objective from the specific design and operation it found disproportionate.
- It does not establish that every publisher consent tool is required or compliant. The decision describes publishers’ continued use of separate tools because the ATT prompt alone could not, in the authority’s account, provide consent valid under applicable data-protection rules.
- It remains under appeal. The Autorité’s decision page identifies a pending appeal before the Paris Court of Appeal.
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