La National Commission of Markets and Competition It has once again focused on Apple and Amazon for the way they managed their business relationships in Spain after the historic fine imposed in 2023. The agency believes that both multinationals They did not comply in time with the order to end anti-competitive practices linked to the sale of Apple products on the Amazon platform.
This new move by the regulator opens the door to another disciplinary proceedingsThe court reasoned that the companies maintained contractual clauses for almost two years that had already been declared anti-competitive. All of this occurred while The 2023 resolution is still being appealed before the National Court and pending a final judicial ruling.
A multimillion-dollar fine that was not applied with the required speed
In July 2023, the CNMC imposed on Apple and Amazon receive a joint fine of 194 million euros because of the way they structured their commercial agreements for the sale of Apple devices in Spain. The regulator concluded that these contracts included anti-competitive clauses that disrupted the normal functioning of the digital market.
The sanction was based on the application of Article 1 of the Competition Defense Law and the Article 101 of the Treaty on the Functioning of the European Unionon the grounds that the agreement between the two companies constituted an unjustified restriction of competition in the online channel. It was not just a hefty fine, but an immediate obligation to correct the commercial conditions in the marketplace.
In the distribution of the sanction, Apple was ordered to pay 143,64 million eurosWhile Amazon faced a fine of 50,51 million eurosThe CNMC considered that both had responsibility in the design and application of the clauses, although the economic burden of the penalty fell especially on the manufacturer.
The 2023 resolution also required the two companies to immediately cease the conduct considered restrictiveIn other words, it wasn't enough to simply pay the fine: the regulator demanded that the marketplace's operating conditions be brought into compliance with competition regulations without delay.
Compliance with that cease and desist order has now become the focus of the new conflict, after the CNMC found that The effective changes did not arrive until May 2025, well behind the schedule set out in the sanctioning resolution.
How the clauses affected the Spanish market
The origin of the whole case lies in the agreements signed on 31th October 2018, which updated Amazon's terms and conditions as authorized Apple product distributor in Spain. Under that contractual framework, a marketplace access system was established which, in the regulator's opinion, went far beyond a simple commercial collaboration.
According to the CNMC, those conditions They unjustifiably reduced the number of Apple product resellers that could operate within Amazon Spain. In practice, many distributors who previously sold devices of the brand were left out of the country's main digital showcase, losing visibility and the ability to compete on price and service.
The impact was not limited to the number of vendors. The regulator concluded that it also They restricted the advertising space available to Apple's competitors. within the platform itself. This would have limited the marketing campaigns of other manufacturers trying to reach users interested in similar-range devices.
Furthermore, the Competition investigations detected that Amazon was unable to direct certain marketing campaigns to Apple product customers to offer them alternatives from other brands. According to the agency, these types of restrictions would have made it difficult for consumers to discover different options within the marketplace, thus altering the transparency of the purchasing decision process.
Overall, the CNMC considered that the design of these clauses generated a preferential environment for Apple in the online channel, with direct effects on small distributors, rival manufacturers and the end users themselves, who saw their real alternatives reduced despite operating in a seemingly open environment.
A late fulfillment: almost two years behind schedule
Following the July 2023 sanction, the regulator's message was clear: Apple and Amazon had to Remove restrictive clauses and adjust your agreements to return the market to a more open and competitive situation. However, the facts established by the CNMC point to a reaction that was considerably slower than the resolution required.
According to the new statement, the companies They did not lift the restrictions until May 2025This means that, for almost two years, the Spanish marketplace would have continued to operate with the same limitations that had already been declared illegal by the competition authority.
This delay led the CNMC Council to formally declare, the 1th October 2025, that the order to cease operations had not been fulfilled within the deadlineOn that same date, the regulator agreed to initiate proceedings for a new sanctioning procedure focused, this time, on the non-compliance with the previous resolution.
The Commission itself has stressed that this delay is not a technical detail, but a factor with potentially very significant effects on the market, since the conditions in question remained operational beyond the time when they should have disappeared.
The new report does not yet prejudge the final outcome, but it does reflect that the CNMC believes there are sufficient evidence of infringement arising from disobedience to the orderDepending on what is determined in the investigation, additional sanctions or specific coercive measures could be imposed.
Amazon's position and the ongoing legal battle
Amazon sources cited by various media outlets have confirmed that the company has appealed the decision to the National Court and openly disagrees with the CNMC's interpretation. The company maintains that its marketplace model It does not benefit from excluding sellersbut precisely the opposite.
The platform points out that a large part of its business relies on Small and medium-sized businesses that sell through AmazonTherefore, their strategy would be based on increasing supply, not reducing it. Along those lines, they argue that the agreement reached with Apple would have allowed customers access a wider variety of products, better prices, and faster shipping within the Spanish market.
Meanwhile, Apple and Amazon maintain appeals against the 2023 sanction, which are still being processed in the National Court; the appeal in the App Store case Apple's actions are attracting attention. The court will have to rule on the legality of the regulator's actions, the legality of the clauses, and the scope of the obligations imposed on the companies.
The court ruling will be key in determining whether the CNMC acted within the bounds of Spanish and European competition law and whether the design of the distribution agreements between the two companies violated those rules. Until there is a final judgment, The legal controversy will remain open.However, this does not exempt companies from provisionally complying with the regulator's orders.
Meanwhile, the CNMC Council has already confirmed that the sanctioned conduct continued until 2025 and has promoted the initiation of a new sanctioning procedure for non-compliancewhich could result in additional fines if the violation is confirmed.
A key case for competition in e-commerce
Beyond the numbers, the case against Apple and Amazon has become a symbol of the growing scrutiny of major technology platforms in Europe. The Spanish investigation is part of a broader context in which various European regulators are closely scrutinizing distribution agreements and the management of advertising space in marketplaces.
The CNMC has insisted that its actions seek to ensure a fair competitive environment in e-commerceThis prevents dominant positions or agreements between large operators from closing the door to other market players. In the specific case of Amazon Spain, access to the channel is crucial for numerous distributors and manufacturers who depend on online visibility to reach consumers.
The outcome of this procedure may have consequences that transcend the two companies involvedAny firm decision on how distribution and advertising agreements are structured could set the standard for other contracts between manufacturers and marketplaces across Europe.
For professionals in the technology sector, the case highlights the importance of Legal and compliance departments quickly adapt contracts and algorithms to the resolutions of the regulators. The CNMC has made it clear that its work does not end with imposing a fine, but extends to verifying that the ordered changes are actually implemented in daily operations.
Almost three years after the initial fine of 194 million euros, Apple, Amazon and the CNMC are maintaining an open administrative and judicial front This will be closely watched by the entire Spanish digital ecosystem. The outcome could influence how major platforms design their future agreements, the room for maneuver of independent distributors, and how consumers find and compare products on the country's leading online marketplaces.