Germany's competition watchdog has launched a market test to assess whether modifications proposed by Apple to its App Tracking Transparency framework sufficiently address concerns that the policy gives Apple's own apps an unfair advantage over competitors. The test will collect input from app publishers, media organisations and data-protection authorities to evaluate whether the revised consent prompts and user flows create a level playing field for all developers.

The framework in question was introduced by Apple in 2021 to require apps to seek explicit user consent before tracking activity across other apps or websites for advertising purposes. The watchdog flagged the fact that these consent screens were previously designed differently for Apple's own services compared with third-party apps - critics argued this design difference nudged users more favourably towards Apple's own services.

Under the new proposals, Apple has committed to standardise the visual layout, wording and content of consent requests so they appear identical whether the app belongs to Apple or an outside developer. Apple also offered a simplified consent process aimed at making it easier for third-party developers to seek user permission. Regulators have welcomed these adjustments as a step toward reducing structural bias but emphasised that further scrutiny is needed.

A key point of contention remains how Apple plans to handle advertising-related attribution after consent is granted. While the revised prompts aim to be neutral, Apple intends to continue measuring ad performance - that is, tracking which users respond to which advertisements - without additional user consent. Regulators warn this may perpetuate competitive distortions, since third-party apps may still face disadvantages despite the consent prompt changes.

The case owes its urgency to a preliminary finding by the watchdog earlier this year that the previous ATT implementation seemed to constitute an abuse of market power under German law. The company under the rule - Bundeskartellamt - classified Apple as a firm of“paramount cross-market significance,” giving regulators the authority to impose preventive measures before full evidence of damage.

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