Spain Antitrust Alert: Apple & Amazon Face Scrutiny Over Delayed Anti‑Competitive Clause Removal | 2026

Spain Antitrust Dispute: Apple and Amazon Under Scrutiny for Delayed Compliance

On 25 February 2026, Spain’s competition authority, Comisión Nacional de los Mercados y la Competencia (CNMC), announced that Apple Inc. and Amazon.com, Inc. took excessive time to remove anti-competitive clauses from their contracts, despite a clear order in 2023 to eliminate these restrictions immediately. The case now raises broader concerns about whether major tech companies comply promptly with regulatory directives.

The dispute stems from a 2018 distribution agreement between Apple and Amazon. Under this agreement, only a limited number of approved sellers were allowed to sell Apple products on Amazon Spain. According to CNMC, this policy reduced the number of independent or unauthorized resellers by nearly 90%, significantly affecting market competition and restricting access for smaller businesses.

The regulator emphasized that certain clauses not only limited reseller participation but also restricted advertising and visibility for competing brands on Amazon’s platform. When a market has fewer active participants, price pressure decreases and consumer choice is reduced. As a result, in July 2023, CNMC imposed a total fine of €194.15 million (approximately $228 million) on both companies.

The 2023 order explicitly required immediate removal of the anti-competitive clauses. However, CNMC notes that the changes were only fully implemented in May 2025, nearly 20 months later. The regulator now reviews whether this delay constitutes a separate violation and whether additional fines should be applied.

Apple defended itself by stating that its goal was to prevent counterfeit products and provide a safe purchasing environment for customers. The company argued that the limited reseller policy ensured access to authentic products and protected the brand’s reputation. Amazon, meanwhile, emphasized that its business model supports thousands of third-party sellers and is exercising its legal right to appeal the original fine. Both companies continue to challenge the 2023 penalty in court, and a final decision has yet to be reached.

Economists highlight that the case illustrates concentration of power in digital markets. When a major tech company limits distribution to a few selected partners, it affects the broader ecosystem: small retailers may be excluded, competing brands may receive less visibility, and consumers may face higher prices. This is why European regulators have intensified scrutiny of tech agreements and business practices in recent years.

The key question now is whether CNMC will treat the delay as a formal violation and impose further financial penalties. If so, it would send a clear signal that delayed compliance is unacceptable, regardless of a company’s size. Overall, this case represents a critical test for transparency, competition, and consumer protection in digital markets, with implications extending beyond Spain to other European markets.