Poland Opens Antitrust Case into Apple Over Alleged Competitive Imbalance in Privacy Rules

Key Takeaways

• Antitrust Proceedings Begin: Poland’s competition authority has launched proceedings against three Apple entities over concerns that Apple’s App Tracking Transparency (ATT) framework may unfairly restrict competition.
• Dual Role Under Scrutiny: Regulators are examining whether Apple’s position as both platform gatekeeper and advertising competitor gives it an advantage over independent app publishers.
• Consent Prompts Differ: Third-party apps must ask users to permit “tracking,” while Apple’s own prompts frame data use as “personalized advertising,” potentially steering more users to consent to Apple’s practices.
• Impact on Developers: Unequal access to user data may reduce advertising revenue and negotiating power for independent app publishers, including Polish businesses.
• Potential Competition Law Violation: UOKiK suspects Apple’s implementation of ATT may constitute abuse of a dominant position, which could lead to penalties of up to 10 percent of turnover.

Deep Dive

Poland’s competition authority has opened an antitrust case into Apple, raising fresh questions about whether the tech giant’s privacy controls have given it an unfair edge in the mobile advertising market.

On Tuesday, the President of the Office of Competition and Consumer Protection (UOKiK) announced proceedings against three Apple companies (Apple, Apple Operations International, and Apple Distribution International) over concerns that the company’s App Tracking Transparency (ATT) framework may be restricting competition under the guise of protecting user data.

The case centers on how Apple’s privacy prompts work inside iOS and iPadOS, and whether the way users are asked for consent gives Apple’s own advertising business more favorable conditions than those available to independent app developers.

A Privacy Policy That May Shape a Market

Apple rolled out the ATT framework in 2021 for all iOS and iPadOS devices running version 14.5 or later. For consumers, ATT is best known as the pop-up that asks whether they want to allow an app to “track” their activity across apps and websites.

But according to UOKiK, the rules behind these prompts may be tilting the playing field.

“We suspect that the way the ATT policy is implemented in Apple’s operating systems may lead to unfair restrictions on competition,” said Tomasz Chróstny, President of UOKiK, who has now brought charges of abuse of a dominant position against the three Apple entities.

Apple as Competitor and Gatekeeper

The authority’s concerns stem from Apple’s dual role as both ecosystem regulator and market participant. Beyond building hardware and operating systems, Apple also publishes apps and runs its own advertising services, collecting user data to deliver personalized ads in the same way third-party publishers do.

Yet ATT draws a sharp line between what Apple calls “tracking” and what Apple itself does.

Under Apple’s definition, “tracking” only applies when one company combines its app data with another company’s app data, an activity common among independent publishers collaborating to understand user preferences. Apple’s own data collection for personalized advertising, however, is not considered “tracking” under the same standard.

The result: independent apps display prompts asking users to allow or reject “tracking,” a term that carries negative implications. Apple’s own prompts use softer language (“Enable personalized advertising” versus “Disable personalized advertising”) and present buttons in a different order and design.

According to UOKiK, those differences may nudge users toward granting Apple permission more often than they grant it to third-party apps.

Same Effect, Different Labels

UOKiK’s concern isn’t that Apple collects data, both Apple and third-party apps rely on user profiling to serve relevant ads. It’s that Apple may have created two parallel consent experiences for two identical outcomes.

As Chróstny put it, “No one likes the idea of being ‘tracked.’ Yet the practical effect is the same: profiling the user in order to deliver personalized advertisements tailored to their preferences and behaviour.”

Importantly, Poland’s Personal Data Protection Office has confirmed that ATT is not required by privacy law, suggesting the framework is an Apple-designed policy rather than a legal obligation.

A Hypothetical User, and a Real-World Impact

UOKiK uses the example of “Barbara,” a user who buys an iPad and automatically grants Apple permission for personalized ads when opening a pre-installed Apple app. That single consent covers all Apple apps.

Later, when downloading third-party apps, Barbara receives warnings that those apps want to “track” her, language she associates with risk. She denies permission, even though those apps’ ad practices would mirror Apple’s own.

In UOKiK’s view, this difference in messaging could make it harder for independent developers, including Polish companies, to obtain the data they need for personalized advertising. That may lower ad revenues, diminish the value of their mobile ad inventory, and weaken their bargaining position with advertisers.

What’s at Stake for Apple

If UOKiK confirms its suspicions, Apple could face penalties of up to 10 percent of turnover for abuse of a dominant position.

“The rules governing how businesses can collect and use user information are set out in personal data protection legislation,” Chróstny said. “While owners of operating systems may establish their own rules, these must not violate competition law.”

The case adds to a growing global conversation about how platform-level privacy controls, especially those controlled by companies with their own advertising businesses, shape competition. For now, UOKiK’s investigation will continue, as regulators test whether Apple’s privacy architecture truly protects users or inadvertently advantages Apple’s own advertising arm.

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