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

[MacRumors]

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.

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

 

[beanbaguk]

It's ok. It's just the Spanish government looking for any possible source of funds.

They are broke so they are searching everywhere.....

 

[nikaru]

It's ok. It's just the Spanish government looking for any possible source of funds.

They are broke so they are searching everywhere.....

Most likely, but we won't know if this is true until after the there is an official resolution and we can't read through the arguments of both parties. With the Covid19 pandemic, most countries are broke, so the need for funds is quite generalized across all westerns countries, not only Spain.

 

[Jglez]

Lol, I am the first one to be critical of governments when they do something stupid, but seeing the comments here I feel like the following needs to be made clear, before other funny theories are posted:

• Spain is a western nation within the EU. The judicial system works independent from politics and is rule-based (not opinion based). Therefore a charge against Apple/Amazon can only be made if they broke one of the rules, if they didn’t then the judicial system cannot charge them, and even if they did it wouldn’t be held up in court. Therefore the theory that this is them looking for funds is ridiculous. Obviously if they broke a rule (in other words law) of course they should be charged and punished for such.
• As hurt as the economy might be in Spain due to the pandemic, they are the biggest receiver of EU funds (in the billions) for economic recovery. The costs therefore for the goverment are covered for the years to come, even if they have lost in taxes collected like every other country on earth during the pandemic.

 

[Rafa_uk]

Lol, I am the first one to be critical of governments when they do something stupid, but seeing the comments here I feel like the following needs to be made clear, before other funny theories are posted:

• Spain is a western nation within the EU. The judicial system works independent from politics and is rule-based (not opinion based). Therefore a charge against Apple/Amazon can only be made if they broke one of the rules, if they didn’t then the judicial system cannot charge them, and even if they did it wouldn’t be held up in court. Therefore the theory that this is them looking for funds is ridiculous. Obviously if they broke a rule (in other words law) of course they should be charged and punished for such.
• As hurt as the economy might be in Spain due to the pandemic, they are the biggest receiver of EU funds (in the billions) for economic recovery. The costs therefore for the goverment are covered for the years to come, even if they have lost in taxes collected like every other country on earth during the pandemic.

Agreed but the biggest beneficiary is Italy. Spain is second.

On top of that Spain has a long history of reliable judicial system since their transition into democracy. They even have big power in international jurisprudence.

 

[bollman]

Don't try to sway the Apple apologists with facts, it's no use
Apple can do no harm, any investigation into Apple's business practices is only a money grab, nothing else. Please remember that

 

[UKitsme]

Is "National Commission on Markets and Competition" part of their Judicial system or just a government commission?

 

[Jglez]

Is "National Commission on Markets and Competition" part of their Judicial system or just a government commission?

CNMC is independent from the government, has judicial power and is under parliamentary control.

They explain the structure on their own website. Here is the page.

 

[Glideslope]

It's ok. It's just the Spanish government looking for any possible source of funds.

They are broke so they are searching everywhere.....

Yup. Another one jumps on the The Crazy Train. ?

 

[bgalakazam]

#ustoo. Apple should just keep increasing the price of iPhones in yuropoor. All these useless lawsuits hurt consumers, not help.

p.s. I am from Europe and currently live in Europe. Apple and Amazon are the least of these corrupt countries' concerns.

 

[rpmurray]

The CNMC announcement does not prejudge the final result of the investigation

How do we know they don't prejudge? Look at the way the US DOJ is under the thumb of the president and can be used to investigate any opponents or support any crackpot theory about stolen elections. They may say they're independent but I'm always suspicious of people sleeping in the same bed.

 

[jjudson]

Anti-trust? Imagine a country that can look at non-competitive behavior and take action. We haven't seen that since Teddy roamed the country as a Bull Moose party member.

We could take a few lessons from Spain. I can think of a few entities that are sorely in need of breaking up...

 

[velocityg4]

Lol, I am the first one to be critical of governments when they do something stupid, but seeing the comments here I feel like the following needs to be made clear, before other funny theories are posted:

• Spain is a western nation within the EU. The judicial system works independent from politics and is rule-based (not opinion based). Therefore a charge against Apple/Amazon can only be made if they broke one of the rules, if they didn’t then the judicial system cannot charge them, and even if they did it wouldn’t be held up in court. Therefore the theory that this is them looking for funds is ridiculous. Obviously if they broke a rule (in other words law) of course they should be charged and punished for such.
• As hurt as the economy might be in Spain due to the pandemic, they are the biggest receiver of EU funds (in the billions) for economic recovery. The costs therefore for the goverment are covered for the years to come, even if they have lost in taxes collected like every other country on earth during the pandemic.

To add

As far as I can tell the CNMC is an independent regulatory body. It has parliamentary and judicial oversight. But remains independent. It also appears they try to limit politicking by only allowing one term per member of six years. There could be party bias in the selection as any other regulatory body in western nations.

As far as I can tell they are as far from the judicial system as any regulatory body in the US. Just like the US. They may be overruled by their courts. They may also be overruled by the Council of Ministers.

While that doesn't necessarily mean. They aren't getting extra pressure to find big targets to fine. If they're unduly going after specific targets. There appears to be adequate measures for redress.

Overview of CNMC: https://globalcompetitionreview.com...tional-authority-markets-and-competition-cnmc

 

[project_2501]

Good. Apple have been behaving badly on this.

What's so "free market" about preventing me selling my used laptop on Amazon, like I used to be able to do?

"Communism for corporates, cut throat market for the rest of us"

 

[project_2501]

All those people thinking this is about Spain wanting to find money are living in iCloud cuckoo land.

 

[justperry]

#ustoo. Apple should just keep increasing the price of iPhones in yuropoor. All these useless lawsuits hurt consumers, not help.

p.s. I am from Europe and currently live in Europe. Apple and Amazon are the least of these corrupt countries' concerns.

So, in essence, you like lawlessness.

Fines should be given any time a person or a company breaks the law.
If Amazon/Apple broke the law they should be fined.

I get sick of these people here claiming country X needs cash, mostly in the EU, mostly from Apple can do no harm US posters, and no, I am not sorry to say it this way, those posters are being just ridiculous is an understatement.

It's ok. It's just the Spanish government looking for any possible source of funds.

They are broke so they are searching everywhere.....

Did you forgot the sarcasm emoji or is this comment for real, if real, you can't possibly be serious.

 

[justperry]

How do we know they don't prejudge? Look at the way the US DOJ is under the thumb of the president and can be used to investigate any opponents or support any crackpot theory about stolen elections. They may say they're independent but I'm always suspicious of people sleeping in the same bed.

The US ≠ Spain

I actually wanted to say

The US ≠ Spain/EU/Europe, but then it made me realize we too in Europe have some backward-thinking countries nowadays, looking at you some east European (EU) countries.

 

[rpmurray]

The US ≠ Spain/EU/Europe, but then it made me realize we too in Europe have some backward-thinking countries nowadays, looking at you some east European (EU) countries.

Some of those Western European countries seem to have a lot of nationalists cropping up lately also.

 

[ikramerica]

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 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.

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

In the USA a company has the right to only allow sales through “authorized resellers” and fight against gray market sales. Does the EU not allow that?

 

[Apple_Robert]

Moving forward it might be easier and faster to state who isn’t investigating or suing Apple. lol Every week it seems there is another party wanting a piece of freshly baked Apple pie.

 

[LarxJo]

It's ok. It's just the Spanish government looking for any possible source of funds.

They are broke so they are searching everywhere.....

Apple wants to force people to buy its products directly and kill all those miserable parasites which dare to sell it's product. They just want to maximise their profits and lick shareholders ass to get a better salary next year.

Don't you think that a company which has a market that any other company in the sector depends for it's survival it a problem? A company suddenly is more powerful than a country and does its law based on its will?

A country should provide a way for anyone to succeed with equal chances. With Amazon, this is something not possible anymore. You might start a business, suddenly, without any warning, Amazon decides to exclude you, push you to go bankrupt and fire tens or hundreds of people.

 

[beanbaguk]

Agreed but the biggest beneficiary is Italy. Spain is second.

On top of that Spain has a long history of reliable judicial system since their transition into democracy. They even have big power in international jurisprudence.

Did you just say Spain has a reliable judicial system? It's corrupt to the core.

I say this as somebody who lives in Spain, runs two businesses and deals with the judicial system constantly.

 

[PC_tech]

It's ok. It's just the Spanish government looking for any possible source of funds.

They are broke so they are searching everywhere.....

So all of these countries looking into Apple, are just hurting for money? ????

 

[Jglez]

Did you just say Spain has a reliable judicial system? It's corrupt to the core.

I say this as somebody who lives in Spain, runs two businesses and deals with the judicial system constantly.

That's your opinion.
Factually speaking the Spanish judicial system has been reviewed many thousands of times and it comes out in the rankings every year just as high as every other EU country.

 

[Manzanito]

So all of these countries looking into Apple, are just hurting for money? ????

Essentially anyone not aligning with apple is in the wrong for these people.