This month, the Spanish Competition Authority
("CNMC") has opened formal proceedings
against Amazon and Apple for their alleged participation in a
conduct prohibited by Articles 1 of the Spanish Competition Act and
101 of the TFEU related to the sale of Apple products in
Amazon's marketplace.
According to the CNMC, this conduct could be restricting
competition in the markets of online sale of electronic products,
and in the market of the provision of marketing services to third
party retailers through online platforms (marketplaces) in
Spain.
The CNMC's investigation
The proceedings has been brought against the four subsidiaries
through which Amazon operates in Spain -Amazon Services Europe
S.À R.L., Amazon Europe Core S.À R.L., Amazon EU
S.À R.L., and Amazon Online Spain, S.L.-, as well as the
three companies through which Apple provides its services in the
national territory -Apple Distribution International Ltd., Apple
Retail Spain, S.L., and Apple
