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French Competition Authority to Investigate Apple’s Advertising Tracking Policy

The Autorité de la concurrence is about to open an investigation into Apple, relating to changes to its advertising tracking policy (app tracking transparency) implementation in 2021. A source told Axiosgenerally well informed, that the Autorité would send a notification of grievances to the company and all stakeholders in the coming weeks.

A complaint filed in 2020

This investigation would follow a joint complaint filed in 2020 by the IAB France, the Mobile Marketing Association, the Syndicat des Régies Internet (SRI) and the Union des Entreprises de conseil et d’Achat Media (UDECAM), four French organizations representing players in the world of advertising.

The Competition Authority had initially considered, in 2021, that it was not necessary to take precautionary measures to suspend Apple’s new tracking policy. But she continued her education nonetheless. As Axios points out, opening a formal investigation would mean that it ultimately determined that there were signs of abuse of dominance or anti-competitive behavior.

A cookie for all, all against Apple

Contacted by L’Usine Digitale, Alliance Digitale, born from the merger in June 2022 of the IAB and the MMA, was not available to comment on this information.

In January 2023, Alliance Digitale applauded the fine imposed by the Cnil on Apple for violating the GDPR, commenting: “The violation found by the CNIL seriously calls into question Apple’s marketing discourse on the protection of privacy, which serves to justify its anti-competitive practices on the market and in particular the App Tracking Transparency whose deployment in April 2021 led to a drop in advertising revenues from third-party players, an explosion in those from Apple and an increase in consumer prices on the App Store.

App tracking transparency has mechanically favored Apple in the advertising market, as it allows users of third-party apps on the iPhone to choose whether or not they agree to be tracked, while for its own services, Apple offers a pop-up explaining the benefits of targeted advertising. Meta, for example, suffered greatly from this change in policy.

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