Spain’s competition regulator, the National Commission on Markets and Competition (CNMC), has ruled that Apple and Amazon took too long to remove anti-competitive clauses from their distribution agreements, despite being ordered to do so immediately. The clauses, which outlined Amazon’s conditions as an Apple distributor, were initially deemed restrictive by the regulator.
In July 2023, the CNMC fined the two companies a combined €194 million ($228 million) and instructed them to remove the clauses from their contracts. The regulator argued that the clauses unfairly limited the number of Apple resellers on Amazon’s Spanish website and restricted the visibility of competing products. Additionally, the provisions prevented Amazon from running marketing campaigns promoting rival brands to Apple customers.
The latest CNMC finding suggests continued infringement and could result in additional fines. The watchdog had previously proposed investigating the companies’ delay in complying with the cease-and-desist order, which was not fully addressed until May 2025. At the time, CNMC indicated that non-compliance itself may constitute a separate violation.
Both companies have disagreed with the regulator’s latest ruling. In a statement to Reuters, Apple said it respected CNMC but disagreed with its conclusions, asserting that it had complied with the authorities’ orders. The company added:
“We will continue to work to protect our customers from counterfeit products and offer them the assurance that they are receiving a genuine Apple product when they take it out of the box.”
Amazon, likewise, said it would appeal the decision. A spokesperson emphasized that:
“We disagree with the CNMC's assertion that Amazon benefits from excluding sellers from the store, as our business model is based precisely on the success of the companies that sell through Amazon, many of which are small and medium-sized enterprises.”
The companies had appealed the original 2023 fines to Spain’s High Court, and the initial penalty has been suspended pending judgment. The case highlights the ongoing scrutiny of digital platforms and manufacturer agreements in Europe, particularly where restrictive clauses may affect market competition and consumer choice.