Apple and Amazon Under Investigation in Spain for Possible Anti-Competitive Practices

Apple and Amazon are facing antitrust disciplinary proceedings in Spain for possible restrictive competition practices around the sale of Apple products, it has emerged.

In a press release, the country's National Commission on Markets and Competition (CNMC) said it had initiated the proceedings against both companies for "possible anti-competition practices in the sectors of Internet sales of electronic products and the provision of marketing services to third-party retailers through online platforms."

The independent consumer interest body said it had access to "certain information" from which it had found "rational indications" that Amazon and Apple are in breach of laws related to the defense of competition and the Treaty on the Functioning of the European Union. Specifically:

The possible unlawful conduct would consist of an agreement between both groups that would include possible restrictions on the Amazon website in Spain regarding:

(i) The retail sale of APPLE products by third parties;
(ii) Certain advertising of competing Apple products and certain campaigns directed at Apple customers by Amazon;
(iii) Other commercial restrictions.

The CNMC announcement does not prejudge the final result of the investigation, which will occur over a maximum period of 18 months before a final resolution is made.