The President of Poland’s Office of Competition and Consumer Protection (UOKiK) has launched antitrust proceedings against three Apple group companies, examining whether the privacy policy implemented in Apple’s iOS and iPadOS operating systems violates competition law. The case concerns Apple’s App Tracking Transparency (ATT) framework—introduced in 2021—which requires users to grant consent for what Apple labels as “tracking.”
Allegations by UOKiK
According to UOKiK President Tomasz Chróstny, the manner in which ATT has been implemented may constitute an abuse of Apple’s dominant position.
“We suspect that the implementation of ATT in Apple’s operating systems may lead to unfair restrictions on competition. Therefore, I have initiated antitrust proceedings against Apple, Apple Operations International, and Apple Distribution International,” stated President Chróstny.
Apple’s Dual Role in Its Ecosystem
Apple designs and manufactures electronic devices using its proprietary iOS and iPadOS systems, but it is also a publisher of mobile applications and a provider of mobile advertising services. Within these activities, Apple collects data used for delivering personalised advertisements—placing it in direct competition with independent app developers. At the same time, Apple effectively acts as a regulator within its ecosystem, establishing rules for itself and for all third-party developers operating on its platforms.
Tracking vs. Personalised Advertising: Identical Outcomes, Different Labels
A key issue identified by UOKiK concerns Apple’s own definition of “tracking” within the ATT framework. Apple defines tracking as combining user data collected by one company’s app with data collected by another. Independent developers typically engage in such data sharing to improve ad targeting. However, Apple does not classify its own data collection practices as “tracking.”
This distinction leads to differing consent prompts displayed on iPhones and iPads. For third-party apps, users are asked whether they allow the app to “track” them—language that carries negative connotations. For Apple’s own services, the prompt instead requests consent for “personalised advertising,” presented in a different graphic layout and using different button labels.
“The wording and visual presentation of these consent messages may result in Apple receiving user approval for advertising purposes more often than external developers. People simply do not like being ‘tracked.’ Yet in practice, the outcome is the same: both Apple and independent apps profile users to deliver personalised advertising,” Chróstny explained.
The President also noted that the ATT policy is not required by data-protection legislation. This point was confirmed by Poland’s Data Protection Authority, which provided an opinion at UOKiK’s request.
Example of the Suspected Practice
UOKiK presents the hypothetical case of Barbara, a new iPad user. After activating the device, she granted consent for personalised ads within one of Apple’s pre-installed apps—consent that automatically applied to all Apple services. Later, when installing third-party apps, Barbara encountered prompts warning that these apps wished to “track” her. She refused. Nevertheless, Apple continued to collect and use her data for personalised advertising, despite performing activities similar to those she had rejected in third-party apps.
Potential Market Impact
Independent app developers—including Polish companies—may be particularly affected. Unequal conditions for obtaining user consent can restrict access to data necessary for offering personalised ads. This may reduce the value of their advertising inventory and weaken their bargaining position with advertisers.
“While data collection practices are controversial and subject to strict data-protection rules, platform owners cannot implement their own regulations in a way that violates competition law. We suspect that ATT may mislead users regarding the level of privacy protection while simultaneously strengthening Apple’s competitive advantage and consolidating its position in the advertising market. Such behaviour may constitute abuse of dominance, punishable by fines of up to 10% of annual turnover,” said Chróstny.
Scrutiny Across Europe
Apple’s ATT policy is currently under investigation not only in Poland but also by competition authorities in Germany, Italy, and Romania. In March 2025, the French competition authority issued a decision imposing a €150 million fine on Apple for related conduct.