On October 28, 2024, in its bulletin No. 42, the Italian Competition Authority (AGCM) announced an update in the investigation of Apple Inc., Apple Distribution International Ltd, and Apple Italia S.r.l (collectively Apple) regarding app tracking transparency (ATT) in Measure No. 31340. An investigation was initiated against Apple in May 2023, regarding the potential restrictiveness of Apple's conduct in the market for the development and distribution of apps in the iOS operating system. Based on the preliminary investigation regarding Apple's implementation of its ATT policy, the AGCM stated that it appears that Apple requires developers of third-party applications to:

• utilize the Identifier for Advertisers (IDFA) code to process user data so that advertisements can be personalized; and
• submit to users specific requests for consent for access to the IDFA.

The AGCM mentioned that the obligations imposed by Apple overlap with the consent request obligations that privacy regulations require to be placed on the developers as the data controllers. The AGCM stated that Apple's ATT policy is not objective, transparent, or proportionate and is likely to benefit Apple as it relates to how users' consent is gained for advertising purposes. The AGCM also mentioned that multiple European Competition Network Authorities are investigating the implementation of the ATT policy. The AGCM stated that its investigation will continue with an extended deadline of October 31, 2025, to ensure the proper coordination with investigative authorities for consistent application of Article 102 of the Treaty on the Functioning of the European Union (TFEU) in addition to consideration for the complexity of the case.

You can read the bulletin, only available in Italian, here.