Spain Opens New Sanction Proceedings Against Apple & Amazon Over Competition Order

Key Takeaways

• New Sanction Proceedings: Spain's CNMC has opened new proceedings against Apple and Amazon for allegedly failing to comply with a 2023 order to end anticompetitive practices.
• Delayed Compliance: The regulator found that restrictions affecting Apple resellers and advertising for competing brands remained in place until May 2025, nearly two years after the original decision.
• Original Antitrust Penalty: The CNMC fined Apple group companies €143.64 million and Amazon group companies €50.51 million in July 2023 for contractual restrictions on competition.
• Further Penalties Possible: The CNMC has a maximum of three months to investigate and resolve the new proceedings, which have not yet resulted in additional sanctions.
• Legal Challenges Pending: Both companies have appealed the 2023 sanctioning decision and the October 2025 non-compliance finding before Spain's National Court.

Deep Dive

Apple and Amazon were fined a combined €194 million by Spain's competition regulator in July 2023 and ordered to remove restrictions on the sale and advertising of Apple products. Nearly two years passed before the companies removed two sets of the offending clauses. That delay has brought both companies back before the National Commission on Markets and Competition (CNMC), which announced on November 3 that it had initiated new sanction proceedings over their failure to comply with the original order.

The regulator's records show that the proceedings were formally opened on October 19, following an earlier determination that Apple and Amazon had continued practices they were instructed to end in 2023. The companies did not remove the clauses restricting Apple resellers and advertising space for competing brands until May 2025, after receiving a notice concerning their non-compliance.

The dispute now extends beyond the original antitrust violations. The CNMC must determine whether the companies should face additional sanctions for failing to comply with an enforcement order, while the Spanish courts consider their challenges to the earlier decisions.

The original case concerned contracts governing Amazon's position as a distributor of Apple products. In July 2023, the CNMC concluded that provisions in those agreements had unlawfully restricted competition on Amazon's Spanish marketplace, affecting independent merchants and manufacturers competing with Apple.

Some clauses limited the number of resellers permitted to offer Apple products through Amazon. Others restricted the advertising space available to rival manufacturers, reducing their opportunities to reach customers on one of Spain's major online marketplaces.

The agreements also prevented Amazon from directing certain marketing campaigns toward customers who had purchased Apple products, denying competing brands an opportunity to promote alternatives to those buyers.

The restrictions affected different parts of the same commercial relationship. Independent merchants faced limits on selling Apple products, while competing manufacturers faced restrictions on advertising their own. Customers who had already purchased Apple devices were also excluded from certain marketing campaigns promoting rival brands.

The CNMC found that the arrangements violated Spanish and European competition law. It imposed fines of €143.64 million on Apple group companies and €50.51 million on Amazon group companies, bringing the combined penalty to €194.15 million.

The regulator also ordered the companies to end the practices.

Yet the clauses restricting resellers and advertising remained in place until May 2025. According to the CNMC, the companies removed them only after the Competition Directorate had raised their failure to comply with the earlier decision.

On October 1, 2025, the CNMC Council formally determined that Apple and Amazon had breached the 2023 order by failing to cease the sanctioned conduct until May of that year. The Council directed the Competition Directorate to pursue new sanction proceedings after identifying evidence of an infringement arising from the delay.

Both companies subsequently sought precautionary suspension through the courts. Those requests were denied, clearing the way for the proceedings that the regulator has now announced.

The new investigation concerns compliance with the 2023 order rather than a fresh assessment of the original distribution agreements. The contractual restrictions had already been examined and sanctioned. The outstanding question is whether the companies' failure to remove them within the required period constitutes a further punishable infringement.

The CNMC has a maximum of three months to investigate and resolve the proceedings. It has cautioned that their initiation does not prejudge the outcome, and no additional penalty has been imposed.

Apple and Amazon are also contesting the earlier decisions. Both the July 2023 sanctioning resolution and the October 2025 non-compliance determination have been appealed before Spain's National Court, where judgments remain pending.

The companies have disputed the regulator's conclusions. Apple has maintained that it complied with the authorities' orders, while Amazon has rejected the suggestion that excluding sellers benefits its business, arguing that its marketplace depends on the success of participating merchants.

Those objections remain part of a broader legal dispute that has continued well beyond the original penalty. The courts have yet to decide the challenges to the CNMC's earlier findings, and the regulator must now resolve the separate question of non-compliance.

The clauses identified in the latest announcement were eventually removed. Whether their continued presence after the 2023 order warrants another penalty is now the subject of the new proceedings.

The GRC Report is your premier destination for the latest in governance, risk, and compliance news. As your reliable source for comprehensive coverage, we ensure you stay informed and ready to navigate the dynamic landscape of GRC. Beyond being a news source, the GRC Report represents a thriving community of professionals who, like you, are dedicated to GRC excellence. Explore our insightful articles and breaking news, and actively participate in the conversation to enhance your GRC journey