THE National Commission for Markets and Competition (CNMC) filed a contentious-administrative appeal against the so-called ‘Amazon tax’ of the City of Barcelona, in force for five months, for “distortion of competition”. In a statement, CNMC argued that various provisions of the ordinance, “hinder competition and introduce distortions» in the retail and postal distribution markets.
The CNMC reminds the Barcelona City Council that in April 2023 it has already presented a request in which all the elements he believed in were detailed and explained «bothersome» inserted in the ordinance, with the clear objective of «avoiding the challenge» of the new standard.
These measures, which have been contested, are directly linked to the fact that the tariffs are not applied in an equivalent way to home deliveries of goods purchased in physical stores or through telephone sales or deliveries without postal operators even though they are carried out through electronic commerce.
With this alleged sales imbalancesecond CNMC extension, a clear example would be the delivery of a purchase from any transaction made with a delivery van by the trader himself, despite the fact that said order was made via the internet, the new rule would not apply. In this way, the competition claims that it is “disproportionate measures that distort competition when applied unequally depending on the way of purchasing and delivering the goods”.
For his part, the regulator explains that postal operators with an annual turnover of less than one million euros in Barcelona, are exempt from the tax. «This exemption distorts competition and is not justified“question the CNMC extensionreiterating that the studies used by the City of Barcelona conclude that «there is no evidence that lower-billed operators use the public domain less than higher-billed operators«.
Upon learning of the CNMC’s decision, the Barcelona Town Hall defends that the “Amazon tax” it is validated by the Tax Council and guarantees that it was approved after a «rigorous work» from a legal point of view. This was conveyed by municipal sources to Europe print ensuring that the rate has also been elaborated on the technical-economic justification and that it has been approved by a large majority by the City Council.