Apple and Amazon Face New Scrutiny Over Delayed Compliance with Spanish Antitrust Order
In July 2023, Spain’s Comisión Nacional de los Mercados y la Competencia (CNMC) imposed a substantial fine of €194 million on tech giants Apple and Amazon for engaging in anti-competitive practices. The penalties were divided as follows: Apple was fined €143.6 million, while Amazon faced a €50.5 million fine. These sanctions stemmed from a 2018 agreement between the two companies that included clauses restricting competition in the online sale of Apple products on Amazon’s Spanish platform.
The CNMC identified several key issues with the agreement:
1. Limitation on Resellers: The agreement significantly reduced the number of authorized Apple product resellers on Amazon Spain, effectively excluding over 90% of existing retailers who had been selling Apple devices on the platform. This restriction curtailed the availability of Apple products from various sellers, limiting consumer choice and stifling competition.
2. Advertising Restrictions: The deal imposed limitations on advertising spaces, preventing competing Apple products from being advertised on Amazon Spain. This move reduced the visibility of alternative products, thereby disadvantaging other brands and limiting consumer awareness of available options.
3. Marketing Constraints: Amazon was restricted from directing marketing campaigns to customers of Apple products to promote competing brands. This limitation hindered Amazon’s ability to offer consumers a broader range of products and deals, potentially leading to higher prices and less innovation in the market.
In addition to the financial penalties, the CNMC ordered both companies to cease the infringing conduct and remove the anti-competitive clauses from their agreement immediately. However, compliance with this directive was not forthcoming.
Delayed Compliance and Further Investigations
Despite the clear mandate from the CNMC, Apple and Amazon did not eliminate the restrictive clauses until May 2025, nearly two years after the initial order. This delay prompted the CNMC to initiate a non-compliance investigation to assess whether the companies’ inaction constituted a failure to adhere to the 2023 decision.
In October 2025, the CNMC concluded that both companies had indeed failed to comply with the cease-and-desist order in a timely manner. The regulator noted that the removal of the anti-competitive clauses occurred only after the Competition Directorate issued a formal non-compliance proposal. Consequently, the CNMC Council requested the initiation of a new sanctioning procedure due to evidence of infringement stemming from the delayed compliance.
Responses from Apple and Amazon
Both Apple and Amazon have expressed their disagreement with the CNMC’s findings and have indicated their intentions to appeal the decisions. Apple maintains that its actions were aimed at protecting customers from counterfeit products and that it has always complied with authorities’ orders. The company emphasizes its commitment to ensuring the authenticity and quality of its products available on online platforms.
Amazon, on the other hand, argues that its business model benefits from the success of third-party sellers and that it has no interest in limiting their exposure. The company asserts that it has expanded the range of products available to consumers and has collaborated with authorities throughout the investigation process.
Broader Implications and Ongoing Legal Proceedings
The CNMC’s actions against Apple and Amazon highlight the regulator’s commitment to ensuring fair competition in Spain’s digital marketplace. The initial fines and subsequent investigations underscore the importance of timely compliance with antitrust rulings to maintain a competitive environment that benefits consumers and fosters innovation.
Both companies have appealed the CNMC’s decisions to Spain’s National Court, and the outcomes of these appeals are pending. The legal proceedings will likely set important precedents for how multinational corporations engage in partnerships and agreements that affect competition in various markets.
Conclusion
The ongoing scrutiny of Apple and Amazon by Spain’s competition authority serves as a critical reminder of the need for transparency and adherence to antitrust regulations in the rapidly evolving digital economy. As the legal battles continue, the tech industry and consumers alike await the final judgments that will shape the future of online retail competition in Spain and potentially beyond.
