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I'm not sure if this applies in this specific case (or if this is covered in the article), but one of the main concerns is that privacy basically becomes something only the rich can afford.

Of course, this sort of thing happens in basically every other aspect of our lives, but depending on how the law is written it may or may not be legal. For example, the rich can afford safer cars, but there are still minimum safety requirements. Presumably a car company could release a cheap car without seat belts, ABS brakes, etc. The market may like this, but it may not be allowed under the law.

A company may charge whatever they want for non-ad or non-tracking plans, but if they are priced out of the reach of most people, they may not be following intent of the law or how it is written.

Of course there's also the moral argument as well, but I'm guessing you were thinking more of the legal/economic side.