Spain’s competition watchdog, the CNMC, has officially declared that tech giants Apple and Amazon failed to comply with the “immediate” cease-and-desist order issued in its landmark 2023 antitrust resolution. Despite a €194 million fine and a mandate to terminate anti-competitive practices, the regulator found that the companies allowed restrictive clauses to persist for nearly two years after the initial ruling.
New Sanctioning Proceedings Initiated
The CNMC Council has instructed its Competition Directorate to open a new disciplinary file against both companies for “indicia of infringement” related to the delay. This follows the 2023 ruling that fined the duo €194 million for restricting competition on Amazon’s Spanish marketplace. While the original fine is currently under appeal at the Audiencia Nacional, the regulator maintains that the obligation to stop the conduct remained in effect.
Compliance Timeline Under Scrutiny
The primary conflict involves the gap between the 2023 resolution and the actual removal of the restricted clauses. The CNMC alleges that Apple and Amazon only took action after receiving a formal non-compliance proposal from the Competition Directorate.
- The Original Order: In July 2023, the CNMC ruled that the companies’ agreements restricted the number of Apple resellers and limited advertising for rival brands.
- The Implementation Delay: According to the regulator, the companies maintained these clauses for approximately 22 months following the sanction.
- The Regulatory Response: The CNMC Council declared the breach on October 1, 2025, initiating the process for potential further penalties.
Deep Dive: Market Effects of the Delayed Compliance
The CNMC identified three specific market distortions that persisted during the non-compliance period:
| Restricted Conduct | Observed Market Impact | Status |
| Reseller Brand-Gating | Unjustified reduction in third-party Apple product resellers on Amazon Spain. | Removed May 2025. |
| Advertising Foreclosure | Limited ad space available for Apple’s direct competitors on the platform. | Removed May 2025. |
| Targeted Marketing | Restrictions on Amazon’s ability to offer rival brand products to Apple customers. | Removed May 2025. |
Market Implications
The opening of this new file introduces additional financial and legal risk for both firms. Under Spanish competition law, a failure to follow an order from the CNMC is treated as a separate infraction, which can lead to further fines independent of the outcome of the original €194 million appeal.
For the broader tech sector, this indicates that the CNMC intends to strictly enforce the “immediate” nature of its cease-and-desist orders, even while cases are undergoing judicial review.
“The Resolution obliged the companies to cease the sanctioned conducts, but they did not take measures until May 2025.” — CNMC Press Statement.