Spain’s competition regulator has ruled that Apple and Amazon failed to remove anti-competitive clauses from their distribution agreement within the required timeframe, raising the risk of further penalties for both companies. The regulator said the clauses, which defined Amazon’s conditions as an Apple distributor, should have been taken out immediately after the initial order, but the companies delayed action.
According to Reuters, Spain’s National Commission on Markets and Competition, known as CNMC, had already fined Apple and Amazon a combined 194 million euros in July 2023 over the same clauses. The regulator said the terms unfairly restricted the number of Apple resellers allowed to operate on Amazon’s website in Spain and also limited how competitors’ products could be promoted on the platform.
Regulator Flags Possible New Fine
The CNMC stated that the companies did not comply with the cease-and-desist order until May 2025, when they finally removed the clauses. It had earlier indicated that their inaction showed signs of infringement, and the latest ruling opens the door to another fine.
The regulator had also alleged that the agreement reduced advertising space for rival brands and prevented Amazon from running marketing campaigns that offered competing products to Apple customers.
Apple and Amazon Respond
Apple said it “respected the CNMC” but disagreed with the decision, adding that it had always complied with authorities’ orders. The company also said it would continue to “protect our customers from counterfeit products” and ensure buyers receive genuine Apple devices.
Amazon also disagreed and confirmed it would appeal. A spokesperson said the company rejects the idea that it benefits from excluding sellers, arguing that its model depends on the success of businesses that sell through its store.
Both companies have appealed the original 2023 fine before Spain’s High Court, and that penalty remains suspended pending judgment.
