A few weeks ago, I reported (german version) on the Bundeskartellamt’s (BKartA) proceedings concerning Apple’s so-called App Tracking Transparency Framework (ATTF). Now, the French Competition Authority is also considering stricter action against Apple, as reported by Heise.
According to the report, the French authority is contemplating imposing fines and prohibiting the business practice. Apple may be abusing its market position to favor its own services, raising the issue of self-preferencing. Thus, another authority is aligning with these antitrust concerns.
The French Competition Authority appears to focus more on the unequal access competitors have to tracking services. This differs from the BKartA’s assessment, which criticizes the differing application concerning the obtaining of user consent. However, it remains to be seen how this will manifest in decision-making practice, as there are currently only reports of proceedings without final decisions.
In Germany, the BKartA is addressing its antitrust concerns within the framework of its authority under Section 19a of the German Competition Act (GWB). This instrument has a significant market-regulatory aspect. Therefore, it is possible that the BKartA may opt for proactive market regulation rather than prohibition.
