The CNMC has announced that both Apple and Amazon have not adhered to the cease-and-desist order issued in its 2023 sanctioning resolution (VS/0013/21). In July 2023, the authority imposed a fine of 194 million euros on the two companies for including anticompetitive clauses in their contracts governing Amazon's role as a distributor of Apple products.

These clauses unjustifiably restricted the number of resellers for Apple products on Amazon's platform in Spain, limited advertising space for competing products, and prevented Amazon from marketing competing products to Apple customers. The CNMC had mandated that Apple and Amazon take necessary measures to cease these anticompetitive practices.

Despite this, the clauses restricting resellers and advertising space were only removed in May 2025. On October 1, 2025, the CNMC's Council confirmed that both companies had failed to comply with the July 2023 resolution, as they did not stop the sanctioned behaviors until May 2025, after receiving a non-compliance proposal from the Competition Directorate.

The Council has now urged the Competition Directorate to initiate a new sanctioning procedure due to indications of infringement, although this does not prejudge the final outcome of the process. The CNMC's resolution has been appealed to the National Court and is currently awaiting a ruling.