National Development Privacy Protection Tool Found Abusive: The Apple Case (France)

Cleary Gottlieb counsel Stéphanie Patureau published a new article in the Journal of European Competition Law & Practice analyzing the French Competition Authority’s landmark decision against Apple.

This article provides an overview of the decision to fine Apple €150 million for abusing its dominant position through its App Tracking Transparency (ATT) framework between 2021 and 2023. It addresses the fundamental issue of whether dominant digital platforms can use legitimate consumer protection objectives, such as privacy enhancement, to justify implementing discriminatory technical frameworks that favor their own services while disadvantaging competitors. It establishes that while privacy protection is a valid goal, dominant companies bear a special responsibility to ensure their implementation is necessary, proportionate and neutral, and cannot abuse their gatekeeper position to design systems that artificially steer users toward outcomes that entrench their market dominance. The decision reinforces that competition law and data protection regulations are complementary frameworks requiring simultaneous compliance, particularly in data-intensive digital markets where self-preferencing conduct can distort competition even when framed as consumer welfare measures.

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