The European association emphasises the precautionary nature of the measure adopted by the Spanish Audiencia Nacional regarding the disclosure of the Apple-Amazon Brandgating case file and announces that it will continue to fight for transparency in the application of regulations that protect consumer rights.
Madrid, 26 February 2025 – Ius Omnibus, a pioneering organisation in the defence of consumer rights in the European Union, has announced that the Spanish Audiencia Nacional (a centralised and specialised court for the knowledge of certain matters that are attributed by law) has, as a precautionary measure, suspended the resolution of the Council for Transparency and Good Governance (CTBG) that ordered access to the non-confidential version of the CNMC’s disciplinary file in the Apple-Amazon Brandgating case.
This temporary precautionary measure, despite not prejudging the final outcome of the legal proceedings, represents a new obstacle in the fight for transparency and accountability of regulatory authorities, but it will not stop Ius Omnibus’s commitment to the right of consumers to be informed and to know about the possible damages suffered by abusive and anti-competitive business practices.
On 2 September 2024, the Council for Transparency and Good Governance, an independent body whose mission is to ensure the transparency of public activity and guarantee the public’s right of access to such information, ordered the CNMC to make public essential information about the 193 million euro fine imposed on Apple and Amazon on 12 July 2023. In response to this ruling, the CNMC opposed it, requesting a precautionary suspension until the finalisation of its appeal against the CTBG’s decision.
Lack of transparency
Despite the opinion of the highest transparency body in the State, the CNMC opposes access to non-confidential information in the sanctioning file, limiting itself to publishing only the sanctioning decision, which omits fundamental details to know the scope of the behaviours and their impact on the market and consumers.
In the opinion of Ius Omnibus, this restrictive attitude contravenes the right of citizens to access public information.
The decision of the Spanish Audiencia Nacional to suspend access to this file as a precautionary measure reinforces an unjustified lack of transparency, especially in relation to the non-confidential information in the file. For this reason, Ius Omnibus will continue to fight in the courts.
A European commitment to transparency and justice
The request for access to the Apple-Amazon Brandgating file is not an isolated case, but part of a coordinated effort by Ius Omnibus in different European countries to demand the transparency recognised by European regulations in the administrative procedures of the authorities competent in matters that directly affect consumers, such as competition, data protection and consumption.
Within the framework of this project, Ius Omnibus has several requests for access to court files before the Audiencia Nacional in Spain that are still pending resolution and is finalising other requests for access to various sanctioning files of the CNMC in Spain. In addition, it has also promoted similar actions in other Member States such as Portugal and Germany and before the European institutions for cases of abusive behaviour and products that have affected the health and safety of consumers.
Ius Omnibus: a borderless fight for European consumers
Since its foundation in 2020, Ius Omnibus has defended European consumers with complete independence, fighting for the effective application of the regulations that protect their rights.
Access to public information is a fundamental pillar in guaranteeing that consumers have sufficient information to, where appropriate, claim what is theirs and make informed purchasing decisions.
The Apple-Amazon Brandgating case highlights the urgent need to strengthen transparency mechanisms in regulatory bodies. Ius Omnibus will continue to defend the interests of consumers in the proceedings before the Spanish Audiencia Nacional and will advocate for the right of Spanish and European consumers to be informed and protected.