Apple and Amazon face new Spanish antitrust fine for delayed compliance

Spain's competition watchdog is considering a new fine against Apple and Amazon after accusing the tech giants of taking nearly two years to comply with an antitrust order, despite an earlier $230 million penalty issued in 2023.

The original 2023 ruling

Back in 2023, Spain's Comisión Nacional de los Mercados y la Competencia (CNMC) fined Apple and Amazon a combined €194 million (approximately $230 million) over anticompetitive distribution practices. The case centered on a 2018 agreement between the companies that restricted the sale of Apple and Beats products to authorized resellers across multiple countries including Spain.

The deal, which applied in the US, UK, France, Germany, Italy, Spain, Japan, and India, created an official Apple Store on Amazon's platform. However, it also limited advertising space for Apple competitors on Amazon's Spanish website when users searched for Apple products, reportedly blocking more than 90% of existing retailers selling Apple devices on the platform.

The CNMC concluded these practices were anticompetitive and ordered the offending clauses be removed immediately, in addition to imposing the substantial fines.

Delayed compliance sparks new investigation

While both companies appealed the 2023 decision before Spain's High Court—suspending the original fine pending judgment—this appeal did not exempt them from the obligation to remove the anti-competitive clauses. According to the CNMC, Apple and Amazon waited until May 2025 to actually remove these provisions, nearly two years after being ordered to do so immediately.

This delay prompted the CNMC to open a separate non-compliance investigation. As Reuters reported, that investigation has now concluded with findings that could result in yet another fine on top of the original penalty.

Company responses differ

Apple has pushed back against the CNMC's findings, stating it "disagreed" with the conclusions and claiming it "had always complied with authorities' orders." The company framed the situation as an attempt to curb counterfeit products rather than to limit legitimate competition on Amazon's platform.

Amazon also disagreed with the decision and plans to appeal. The company argued that limiting the exposure of small and medium-sized sellers would be against its own interests, suggesting the restrictions were not intentionally maintained to harm competition.

Broader implications

The case highlights the ongoing tension between major tech platforms and regulatory authorities across Europe. Spain's competition regulator is taking a firm stance on timely compliance with antitrust orders, suggesting that even when companies appeal decisions, they cannot delay implementing required changes.

For Apple and Amazon, this represents another chapter in their complex relationship with European regulators, who have increasingly scrutinized their market practices and distribution agreements. The potential for additional fines underscores the financial and operational risks of non-compliance, even when companies believe they are acting in good faith.

The outcome of this non-compliance investigation could set a precedent for how quickly major tech companies must act on regulatory orders, regardless of ongoing appeals processes.