Spain's antitrust regulator ruled on Wednesday that Apple and Amazon took too long to remove anti-competitive clauses from their contracts after being ordered to do so immediately. The clauses defined the terms of Amazon’s cooperation as an Apple distributor.
The Spanish National Markets and Competition Commission (CNMC) fined the two companies a total of €194 million ($228 million) in July 2023, stating that the terms unfairly limited the number of authorized Apple resellers on Amazon’s Spanish website and demanding immediate removal of the clauses.
The newly confirmed violation could lead to additional fines for both companies.
The regulator had also alleged that the terms restricted the advertising placement of Apple’s competitors’ products on Amazon’s Spanish site and prevented Amazon from running marketing campaigns that recommended rival brands to Apple users.
In October of last year, the regulator proposed opening a new investigation because the companies did not plan to remove the clauses until May 2025, failing to act promptly as required by the cease-and-desist order.
At the time, the regulator stated that evidence indicated the companies had committed violations.
Both companies have appealed the CNMC’s 2023 penalty decision to Spain’s High Court, and the original fines have been suspended pending a ruling.
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