Current Developments In Competition Law: Data Protection Rules Of Market Dominant Undertakings

Two national competition authorities, the French Autorité de la Concurrence and the German Bundeskartellamt, are dealing with Apple's App Tracking Transparency Framework ("ATTF"). While the French competition authority has recently concluded its proceedings and imposed a fine of EUR 150 m. on Apple due to an infringement of competition law, the German Federal Cartel Office has sent Apple its preliminary legal assessment, also assuming that Apple is violating competition law by implementing the ATTF.

What is the ATTF about?

Apple's ATTF governs the possibility of tracking user data by third-party app providers on Apple's App Store.

Tracking allows personalised advertising to be displayed via the apps. For many app providers, the use of (personal) customer data is fundamental to their own business model, as they can monetise customer data vis-à-vis the advertising industry and thus cross-subsidise their own (often free) app offering.