Apple and Amazon Face Potential New Fine as Spain’s Antitrust Watchdog Accuses Them of Delaying Compliance

In a fresh twist to a long-running antitrust saga, Spain’s competition regulator has concluded that Apple and Amazon took far too long to comply with a 2023 order to remove anti-competitive clauses from their distribution agreements. The case, which already resulted in a €194 million fine, now risks another penalty as the Comisión Nacional de los Mercados y la Competencia (CNMC) accuses the tech giants of dragging their feet for nearly two years.

The Origins of the Dispute

The controversy dates back to 2018, when Apple and Amazon struck a multi-country deal that fundamentally altered how Apple and Beats products were sold online. The agreement, which applied across the US, UK, France, Germany, Italy, Spain, Japan, and India, restricted the sale of these products to only Apple-authorized resellers on Amazon’s platform. This effectively created an official Apple Store on Amazon while simultaneously limiting competition.

In Spain, the deal had an even more pronounced effect. According to the CNMC, the agreement blocked more than 90% of existing retailers selling Apple devices on Amazon’s Spanish website from advertising or listing their products when users searched for Apple-branded items. This, the regulator argued, severely curtailed competition and harmed consumers by reducing choice and potentially inflating prices.

The 2023 Ruling and Initial Fines

In July 2023, the CNMC concluded that the Apple-Amazon agreement was anticompetitive and imposed fines totaling €194 million—€143.6 million on Apple and €50.5 million on Amazon. The regulator also ordered the companies to immediately remove the offending clauses from their agreements.

Both companies appealed the decision to Spain’s High Court, and the original fines were suspended pending the outcome of the appeal. However, the obligation to remove the anti-competitive clauses remained in effect.

The New Allegation: Non-Compliance

The latest development centers on the companies’ failure to act swiftly. Despite the 2023 order, Apple and Amazon did not remove the disputed clauses until May 2025—nearly two years after being told to do so immediately. This delay prompted the CNMC to open a separate investigation into non-compliance.

In October 2024, the watchdog proposed launching this investigation, citing “indications of an infringement due to non-compliance.” Now, the investigation has concluded, and the regulator is poised to potentially impose yet another fine on top of the original €194 million penalty.

Corporate Responses

Apple has pushed back against the CNMC’s findings, telling Reuters that it “disagreed” with the conclusions and “had always complied with authorities’ orders.” The company also framed the agreement as a measure to combat counterfeit products, rather than an attempt to stifle competition.

Amazon, for its part, also said it “disagrees” with the decision and plans to appeal. The company argued that limiting the exposure of small and medium-sized sellers would be contrary to its own business interests, suggesting that the agreement was not intended to harm competition.

Broader Implications

This case highlights the growing scrutiny that tech giants face from regulators worldwide over their market practices. The Apple-Amazon agreement is just one example of how dominant companies can use their market power to shape the competitive landscape, often to the detriment of smaller players and consumers.

The potential for a new fine underscores the seriousness with which regulators are now treating non-compliance. Even as the original fines are under appeal, the CNMC is making it clear that failure to act promptly on regulatory orders will not be tolerated.

What’s Next?

The CNMC’s next steps will be closely watched, both in Spain and internationally. If a new fine is imposed, it could set a precedent for how quickly companies must act on antitrust orders, regardless of ongoing legal challenges. For Apple and Amazon, the stakes are high—not just financially, but also in terms of their reputations as responsible corporate citizens.

As the legal battle continues, one thing is clear: the era of light-touch regulation for Big Tech is over. Regulators are increasingly willing to use their powers to ensure that the digital marketplace remains open, competitive, and fair for all participants.

Tags & Viral Phrases:

• Apple vs. Amazon antitrust battle
• Spain’s CNMC fines tech giants
• Anti-competitive clauses removed after 2-year delay
• Big Tech under fire from regulators
• €194 million fine just the beginning?
• Counterfeit concerns or market control?
• Small sellers caught in the crossfire
• Tech giants face new legal showdown
• Regulatory crackdown on Silicon Valley
• Compliance delays could cost billions
• Apple and Amazon appeal process heats up
• Spain leads the charge against Big Tech
• Digital marketplace fairness at stake
• Consumers demand more choice, less control
• The future of online retail hangs in the balance

,