Big, good win on ATT not just for Apple but for user consent, choice, and privacy

Here's Apple's statement:

We’re grateful to the French Competition Authority for recognizing that App Tracking Transparency in iOS 14 is in the best interest of French iOS users. ATT will provide a powerful user privacy benefit by requiring developers to ask users' permission before sharing their data with other companies for the purposes of advertising, or with data brokers. We firmly believe that users’ data belongs to them, and that they should control when that data is shared, and with whom. We look forward to further engagement with the FCA on this critical matter of user privacy and competition.

And the news:

The Autorité de la concurrence examined whether the measures implemented by Apple to offer users a reinforced framework of consent for the use of their personal data could be regarded as necessary and proportionate to the objective pursued. It also received an opinion from the CNIL (National Commission on Informatics and Liberty) on the issues raised. In the state of the investigation, the Autorité considered that the decision of Apple to set up a feature for collecting complementary consent to that implemented by other players in online advertising, did not appear as an abusive practice, when

(1) a company, even if it is in a dominant position or can be considered as a structuring platform, has the freedom in principle to set rules to access its services, subject to not disregarding the laws and applicable regulations and that these rules are not anti-competitive;

(2) the applicable regulations (GDPR and ePrivacy) do not preclude the implementation of such an obligation, while the wording adopted does not appear to induce an unfavourable bias to the monitoring procedures on third-party sites, such as imposing an unnecessary obligation or lacking proportionality, and that such a measure can facilitate, for users, the control of the use which is made of their personal data.

The Autorité therefore rejects the request for interim measures. However, it continues the investigation into the merits of the case. This should in particular make it possible to verify that the implementation by Apple of the ATT framework cannot be regarded as a form of discrimination or "self-preferencing", which could in particular be the case if Apple applied without justification, more binding rules on third-party operators than those it applies to itself for similar operations.