Users can opt-out if they are aware of the option. This this is just about users being made aware that they have the option, and being given the chance to grant consent before the action happens.
There is no argument that I see that Apple’s changes will pick winners or losers.
All it will do is reduce the information available from users who don’t consent to it.
Apple added an opt-in requirement for Facebook’s ad business but not for its own. Users, on average, will stick with the default. How is that not picking winners and losers?
When you go to Apple’s App Store, you see ads for apps. If you click on an ad and install the app, Apple gets paid for that conversion, and that will happen whether or not you’ve opted into “cross-app tracking”. If you see an ad for the same app on Facebook, Facebook will not get paid for that conversion unless you’ve opted in. The market for ads for apps is worth billions, and Apple put this “cross-app tracking” block in place, which will help them capture that market. By using their privileged position as platform owner and setting the default choice, they’ve taken over by fiat instead of through competition. Sounds like an antitrust case to me.