On December 22, 2025, Italy’s antitrust authority (AGCM) officially imposed a staggering €98.6 million ($116 million) fine on Apple, accusing the tech giant of abusing its “super-dominant” market position. The investigation revealed that while Apple markets its App Tracking Transparency (ATT) features as a win for user privacy, the implementation creates a “double consent” burden that unfairly discriminates against third-party developers. By forcing external apps to jump through multiple regulatory hoops while streamlining its own internal services, Apple has effectively tilted the playing field in its favor.
The Italian regulator was blunt in its assessment, labeling Apple’s control over the iOS ecosystem as an absolute dominant position that breaches European competition laws (specifically Article 102 of the TFEU). They argued that Apple could have protected user data without sabotaging the revenue streams of independent developers and advertisers. Specifically, the AGCM pointed out that because Apple’s own prompt doesn’t satisfy Europe’s strict GDPR laws, third-party apps are forced to ask users for permission twice, which leads to massive drops in “opt-in” rates compared to Apple’s own services.
While Apple has already announced plans to appeal—claiming the ruling favors “data brokers” over consumer safety—the decision adds to a growing mountain of legal trouble for the company across Europe. Apple argued that its rules apply equally to all developers and that the ATT framework has been praised worldwide for giving users simple controls. However, the Italian authority countered that the policy was imposed unilaterally without consulting commercial partners, harming the interests of those who rely on advertising to keep their apps free or low-cost.
This fine follows a similar pattern of heavy-handed regulation in the EU, including a €150 million fine in France earlier this year for nearly identical issues. The Italian investigation, which began in mid-2023, concluded that the “double consent” requirement was entirely disproportionate to the actual goal of data protection. Regulators emphasized that a single-step consent process would have offered the same level of privacy without intentionally making things more difficult for Apple’s competitors.
For fans and creators who rely on a fair digital marketplace, this ruling marks a major turning point in the battle to ensure that “privacy” isn’t used as a shield for anti-competitive behavior. If Apple loses its appeal, it may be forced to redesign how iOS handles tracking permissions for everyone, potentially making the user experience smoother and more consistent across all apps. For now, Apple has 90 days to report back to the AGCM on how it plans to “cease the distortive behaviors” identified in the 199-page ruling.
[H/T] Euronews