Spain’s Comisión Nacional de los Mercados y la Competencia (CNMC) opened a new sanction proceeding against Apple and Amazon on November 3, 2026, over alleged delays in complying with a 2023 order concerning Apple-product sales and rival-brand advertising on Amazon Spain. The CNMC set a maximum three-month period for the investigation and resolution. The question is whether the companies complied with the earlier order on time.
What the earlier restrictions covered
The CNMC’s summary of its July 12, 2023 decision describes three types of restrictions. One limited which resellers could list Apple products on Amazon Spain. Another restricted advertising for competing brands in specified search, product-detail, cart and checkout placements. A third limited Amazon campaigns encouraging Apple customers to switch to non-Apple products: without Apple’s written consent, such targeting was barred during the agreement and for two years after it expired.
The CNMC summary says the reseller clauses excluded more than 90% of third-party sellers offering Apple products on Amazon Spain. It describes a drop from more than 1,000 resellers to fewer than 15 authorized sellers, including Amazon. In November 2021, Apple expanded access to additional authorized sellers, while non-authorized resellers remained excluded.
How the 2023 decision led to the new proceeding
Apple and Amazon signed the agreements examined in the case on October 31, 2018. On July 12, 2023, the CNMC ordered the conduct to cease and fined the Apple Group €143.64 million and the Amazon Group €50.51 million, a combined €194.15 million.
The CNMC says Apple and Amazon removed the specified clauses in May 2025. On October 1, 2025, the CNMC council declared that the companies had failed to comply with the 2023 decision before removing them. The proceeding opened on November 3, 2026, concerns alleged delay in complying with that earlier order.
What Apple and Amazon say
Apple says it believes it complied with the CNMC’s order. Amazon says it appealed the October 2025 decision, disputes the CNMC’s assessment that it benefits from excluding sellers, and says its business depends on sellers’ success.
As of November 3, 2026, appeals against both the 2023 sanction and the 2025 non-compliance decision were pending before Spain’s Audiencia Nacional, a national-level court.