Spain's competition authority has concluded that Apple Inc. and Amazon.com Inc. were tardy in eliminating contract terms the regulator had demanded be removed without delay, according to a ruling issued on Wednesday.
The CNMC had earlier, in July 2023, imposed fines totaling 194 million euros related to clauses in contracts that governed Amazon's role as a distributor of Apple products in Spain. The regulator said those contractual provisions unfairly limited how many Apple resellers could operate on Amazon's Spanish marketplace and ordered the clauses removed immediately as part of that enforcement action.
In its latest finding the CNMC states the companies did not comply with the immediate removal requirement quickly enough. That fresh determination of infringement raises the prospect of an additional fine, though the regulator has not specified the size of any possible further penalty.
The CNMC's original action also alleged that the clauses constrained the locations on Amazon's Spanish website where products from Apple competitors could be displayed and stopped Amazon from running marketing campaigns that would present Apple customers with products from rival brands.
Last October the watchdog indicated it would consider opening a new probe because Apple and Amazon had not taken the steps ordered under the cease-and-desist ruling until May 2025, when the clauses were finally removed. At that earlier point the regulator said there were indications of an infringement stemming from that non-compliance.
Apple and Amazon have challenged the CNMC's July 2023 decision before Spain's High Court. The companies' appeal has resulted in the original fine being suspended while the court examines the case.
Currency conversion noted in prior communications indicates an exchange rate of $1 = 0.8493 euros.
Regulatory timeline - key dates referenced
- July 2023 - CNMC imposed fines totaling 194 million euros and ordered immediate removal of the contested clauses.
- October (year following enforcement) - watchdog proposed opening a new probe over apparent non-compliance until May 2025.
- May 2025 - clauses reportedly removed from the contracts.
- Appeal status - companies have appealed the 2023 ruling to the High Court and the original fine remains suspended pending judgement.
The CNMC's recent determination underscores that the regulator continues to scrutinize compliance with its orders, and it signals that enforcement bodies remain prepared to pursue additional sanctions where they find delays in carrying out remedial measures. The matter remains subject to judicial review at the High Court, where the earlier sanction has been stayed.