There is.
Active aerodynamics is really old. I think the rule is 'no moveable aerodynamic devices' - that's one of the reasons they had that whole thing about the Ferrari wheel covers (turns out as the front ones are on bearings, and the rear ones 'look' the same as they rotate - they don't count as moving in regards to aerodynamics)
To be honest, the mclaren wing just looks like a weaker wing, I doubt any foul play
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