Amazon and Apple escape fines in Spain over retail agreement

National Court of Justice puts stay on sanction as appeal continues

Trade

Apple and Amazon will not have to pay a heavy fine for possible competition violations in Spain for the time being. This was decided by the National Court of Justice in Madrid.

The responsible market surveillance authority CNMC had ruled over the summer that the agreement between the two companies to sell Apple products through Amazon’s platform discriminated against smaller retailers.

The National Court of Justice temporarily decided not to allow the seizure of just under €194 million while the appeal process is ongoing.

According to Apple, the Amazon deal was intended to reduce the number of counterfeits sold online. Instead, the CNMC found that after entering into the contract, Amazon ensured that Spanish customers had less access to foreign Apple sellers. In addition, Amazon had limited advertising options, making it difficult or impossible for customers to find Apple products at all.

In a similar competition case in Italy, Apple and Amazon were initially ordered to pay a fine of 200 million euros in November 2021. The case was later dismissed in court.

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