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Spain antitrust dispute intensifies over late Apple & Amazon compliance
Spanish antitrust authorities believe that Apple and Google took to long to comply with orders despite ongoing appeals, opening the door to millions more in fines.
Facade of the CNMC corporate headquarters in Barcelona. Image credit: Grupo Castellvi
Spain's National Commission on Markets and Competition (CNMC), said Apple and Amazon didn't eliminate the disputed contractual provisions until May 2025, nearly two years after regulators ordered their removal. The finding opens the door to additional penalties if upheld.
The original $194.1 million fine imposed in July 2023 remains under appeal. Spain's High Court has suspended enforcement while it reviews the case.
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Spain antitrust dispute intensifies over late Apple & Amazon compliance
[Andrew Orr's profile picture]
Wed Feb 25 2026, 12:08 PM EST
4 minute read
Facade of the CNMC corporate headquarters in Barcelona. Image credit: Grupo Castellvi
Spanish antitrust authorities believe that Apple and Google took to long to comply with orders despite ongoing appeals, opening the door to millions more in fines.
Spain's National Commission on Markets and Competition (CNMC), said Apple and Amazon didn't eliminate the disputed contractual provisions until May 2025, nearly two years after regulators ordered their removal. The finding opens the door to additional penalties if upheld.
The original $194.1 million fine imposed in July 2023 remains under appeal. Spain's High Court has suspended enforcement while it reviews the case.
Spain says Apple and Amazon delayed antitrust compliance
The CNMC's latest action doesn't introduce a new competition theory. Instead, regulators are examining whether Apple and Amazon complied quickly enough with a 2023 order requiring them to amend their marketplace agreement.
Regulators ordered the clauses removed immediately when the fine was issued. Apple and Amazon appealed the ruling, and while the fine was suspended, the regulator now argues the contractual changes weren't implemented quickly enough.
At the center of the dispute is an October 2018 distribution deal governing how Apple products are sold on Amazon's Spanish marketplace. Under that agreement, Amazon became an authorized reseller of Apple products in Spain, and the number of third-party sellers permitted to list new Apple devices on Amazon Spain was significantly reduced.
Before the agreement, multiple independent sellers offered Apple hardware through Amazon's platform, often sourcing inventory from other European markets. After the deal took effect, only sellers approved by Apple could list new Apple products, giving the company tighter control over distribution on a dominant online marketplace.
In 2023, the CNMC concluded the restrictions reduced price competition by limiting the number of sellers offering identical Apple products. Regulators also said advertising limits reduced visibility for competing brands on Amazon Spain.
The agency imposed a combined $194.1 million fine, allocating $143.6 million to Apple and $50.5 million to Amazon. It also ordered that the clauses be removed.
According to the CNMC, the companies did not fully eliminate those provisions until May 2025. The new proceeding focuses on whether that delay constitutes a failure to comply with the 2023 decision.
Apple said it respects the regulator but disagrees with its assessment. The company maintains that it complied with authorities' directives while working to protect customers from counterfeit products.
Amazon likewise said it will challenge the finding. It too disputes the claim that its marketplace model was used to exclude sellers unfairly.
How Spain's Apple-Amazon antitrust dispute began
The dispute between Apple, Amazon, and Spain's competition authority dates back several years.
In July 2021, the CNMC opened a formal investigation into the 2018 agreement. Regulators examined whether Apple and Amazon coordinated to restrict competition in online Apple device sales by limiting third-party sellers and shaping advertising for competing brands on Amazon Spain.
At the center of the dispute is an October 2018 distribution deal
Spain's theory centered on vertical distribution controls. Apple uses authorized reseller programs to manage product availability, reduce gray market imports, combat counterfeit goods, and keep pricing and warranty standards consistent.
Regulators argued that narrowing the pool of sellers on a major online marketplace reduced competition within the brand. Fewer sellers meant fewer opportunities for price competition on the same Apple products.
Regulators also said advertising restrictions in the agreement limited the visibility of rival electronics brands on Amazon Spain. They argued that reduced visibility could weaken competition between different brands.
In July 2023, following its investigation, the CNMC imposed the combined $194.1 million fine and ordered the companies to eliminate the offending clauses immediately. Apple and Amazon appealed the decision to Spain's High Court.
In early 2024, Spain's High Court suspended enforcement of the fines while it reviews the appeals. The penalty has not been collected, and the underlying violation is not final.
The latest CNMC action doesn't resolve the appeal. Regulators say Apple and Amazon were still required to amend their contracts promptly after the 2023 decision, even with the fine suspended.
The CNMC now claims the changes weren't completed until May 2025, triggering a separate compliance proceeding.
Why Spain's antitrust case matters for Apple
Financially, even a nine-figure penalty isn't substantial to Apple's balance sheet. The more significant issue is ongoing regulatory posture.
Regulators say Apple and Amazon were still required to amend their contracts promptly after the 2023 decision
Spain's case fits into a broader European pattern of scrutinizing Apple's ecosystem controls, including App Store rules and distribution agreements. European regulators have taken a stricter view of arrangements that concentrate marketplace control, especially when a major brand partners with a dominant platform.
The CNMC's emphasis on compliance timing signals a harder edge in enforcement. Regulators are indicating that how quickly companies implement ordered changes may matter as much as the underlying conduct itself.
Apple tightly manages its retail channels to preserve brand presentation, pricing discipline, and product authenticity. Europe remains the jurisdiction most willing to challenge that model.
Even when financial exposure is limited, repeated enforcement actions can influence how contracts are structured and how quickly operational changes are made.
What happens next in Spain's Apple and Amazon antitrust case
Spain's High Court will determine whether the 2023 antitrust ruling stands and whether Apple and Amazon must ultimately pay the US$194.1 million fine. Separately, the CNMC's compliance proceeding could lead to additional sanctions if regulators conclude the companies didn't act promptly after the 2023 order.
The case doesn't introduce a new competition theory. Regulators are testing how aggressively European authorities will police marketplace conduct and how strictly they'll enforce compliance once changes are ordered.
Financial exposure for Apple, Amazon, and the rest of US Big Tech in the short term may be manageable. Regulatory friction in Europe, however, continues to build.