Germany's Bundeskartellamt has been investigating Apple since 2022 over potential violations of antitrust laws regarding its App Tracking Transparency framework. The watchdog's preliminary findings suggest that Apple might be engaging in self-preferencing—treating its own app tracking permissions more favorably than those it applies to third-party developers. This behavior could violate the German Competition Act and the EU's Digital Markets Act, aiming to limit big tech's market power. The FCO emphasizes that Apple's stricter tracking requirements for third-party apps contrast sharply with its own, raising significant competition concerns.
The consent dialogues for Apple's own apps and for third-party apps differ substantially, making it more likely that users will consent to Apple's tracking.
The Bundeskartellamt's preliminary view suggests that Apple may have violated German competition laws by not treating third-party developers equally under its App Tracking Transparency framework.
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