Polish competition regulator the UOKiK has initiated antitrust proceedings against Apple alleging that its ATT policy is anti-competitive. In a statement the President of the UOKiK said that the regulator suspected that ‘the way the ATT policy is implemented in Apple’s operating systems may lead to unfair restrictions on competition’.
The allegation is that Apple’s ATT unfairly disadvantages independent app publishers by effectively blocking their access to valuable, interoperable information about their users whilst Apple itself continues to collect and use this data unhindered.
Apple uses different consent language for their own services versus non-Apple publishers, giving them a competitive advantage in advertising services. The UKOiK’s President, said ‘We suspect that the ATT policy may have misled users about the level of privacy protection while simultaneously increasing Apple’s competitive advantage over independent publishers, thereby strengthening Apple’s position in the advertising market.’
MOW’s supports the Polish regulator’s efforts to create a level playing field in the Apple ecosystem and encourages other national regulators to look at this issue as a matter of urgency. Furthermore, we encourage regulators to look beyond the app-based restrictions of ATT and also to review the similar issues inherent in the browser-based ITP and third-party cookie policy. Encouraging fair competition on Apple’s ecosystem will support independent publishers and advertising businesses, driving growth at a national level rather than concentrating financial returns in a single, global business.