Germany’s competition authority, the Bundeskartellamt (FCO), has been investigating Apple’s app privacy framework since 2022. The preliminary findings of this investigation were released on February 13, 2025.
The FCO states that Apple applies stricter rules to third-party apps (such as games and social media platforms) while being more lenient with its own apps. This could be a violation of the law. Since April 2023, Apple has been prohibited from giving preferential treatment to its own products in Germany. This rule is also enforced under the European Union’s Digital Markets Act (DMA).
The investigation focuses on Apple’s App Tracking Transparency (ATTF) system, which allows iPhone users to choose whether third-party apps can track their activities. The issue is that while third-party apps face strict tracking restrictions, Apple’s own apps are subject to more relaxed rules.
The FCO argues that this constitutes a breach of competition rules. For example, Apple’s consent prompts for its own apps are designed in a way that makes users more likely to grant permission, whereas third-party apps have stricter prompts that may discourage users from consenting.
As a result, Apple’s practices may violate Section 19a(2) of the German Competition Act (GWB) and Article 102 of the Treaty on the Functioning of the European Union (TFEU). The investigation is ongoing.
