FTC Sues Amazon in Landmark Antitrust Case Over Marketplace
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The Federal Trade Commission sued Amazon.com Inc. in a long-anticipated antitrust case, accusing the e-commerce giant of monopolizing online marketplace services by degrading quality for shoppers and overcharging sellers.
In a complaint filed in federal court in Seattle Sept. 26, the FTC and 17 states accused Amazon of engaging in a course of conduct to exclude rivals in online marketplace services and stifle competition. The company is also accused of illegally forcing sellers on its platform to use its logistics and delivery services in exchange for prominent placement and of punishing merchants who offer lower prices on competing sites.
“Amazon is a monopolist, and it is exploiting its monopolies in ways that leave shoppers and sellers paying more for worse service,” FTC Chair Lina Khan said in a briefing with reporters. “The stakes here are high. There is immediate harm that is ongoing. Sellers are paying $1 of every $2 to Amazon.”
The suit is the fourth the agency has filed this year targeting Amazon, underscoring the determination of the Biden administration to put the growing concentration of corporate power, especially among Big Tech companies, at the heart of economic policy. Amazon ranks No. 9 on the Transport Topics Top 100 list of the largest private carriers in North America.
1. Today @FTC and 17 state AGs filed a lawsuit detailing how Amazon uses punitive & coercive tactics to unlawfully maintain its monopolies. Amazon is exploiting its monopoly power to enrich itself while raising prices & degrading service for its customers.https://t.co/7NiPGxx2CU — Lina Khan (@linakhanFTC) September 26, 2023
In a statement, Amazon said it will challenge the FTC’s lawsuit in court, adding that it “radically” departs from the agency’s mission of protecting consumers and is “wrong on the facts and the law.”
Zapolsky
“The practices the FTC is challenging have helped to spur competition and innovation across the retail industry, and have produced greater selection, lower prices and faster delivery speeds for Amazon customers and greater opportunity for the many businesses that sell in Amazon’s store,” said David Zapolsky, Amazon general counsel. “If the FTC gets its way, the result would be fewer products to choose from, higher prices, slower deliveries for consumers, and reduced options for small businesses — the opposite of what antitrust law is designed to do.”
The case also represents a career-defining moment for Khan, who has long had Amazon in her sights. As a young law student, Khan wrote a seminal paper arguing that the existing antitrust enforcement framework was poorly equipped to tackle the potential harm Amazon poses to competition.
The FTC and a bipartisan slate of states claim Amazon engaged in anticompetitive conduct in two markets — the market for these online superstores that serve consumers and the separate market for sellers.
Amazon’s marketplace is the heart of the company’s e-commerce operations. Third-party merchants, who now account for more than half of the company’s online sales, pay a commission on each sale and have the option of also paying Amazon for services that range from warehousing and shipping to advertising.
Merchants have complained for years about what they see as a one-sided relationship, accusing the company of arbitrarily enforcing its rules and being slow to respond when something goes awry.
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Among other things, Amazon bars sellers from offering lower prices on other sites, a policy the FTC says curbs online competition because it forces sellers to raise prices on competing platforms such as Walmart.com for fear of having their products buried in Amazon search results.
The FTC also alleged that Amazon unduly favors its own retail business as well as marketplace sellers that use the company’s logistics services.
The FTC, which has both antitrust and consumer protection mandates, has been investigating Amazon for potential anticompetitive conduct for several years, asking questions about everything from the company’s marketplace and Prime subscription service to mergers and its cloud computing arm. Top executives met with the FTC’s three commissioners in August to discuss the suit, though no settlement was discussed, according to people familiar with the meetings.
The majority of states that signed on to the complaint have Democratic attorneys general, though two Republicans also joined. Fewer states joined the Amazon suit than the Justice Department’s antitrust case against Alphabet Inc.’s Google or the FTC’s earlier case against Meta Platforms.
In May, the agency sued the e-commerce giant in two separate cases for failing to delete data about kids collected by its Alexa speakers and illegally spying on users of its Ring doorbells and cameras. Amazon said it disagreed with the FTC’s allegations but agreed to pay $30.8 million to resolve the cases.
Jassy by David Ryder/Bloomberg News
One month later, the FTC again sued Amazon in a consumer protection case, alleging the company duped consumers into signing up for Prime membership and deliberately made it hard to cancel — echoing long-standing complaints from consumer watchdogs. Amazon denies the allegations, and that suit is ongoing.
Amazon has pushed the FTC to recuse Khan from its case, citing her academic work and prior statements about the company. It has also accused the agency of harassing founder Jeff Bezos and CEO Andy Jassy with document and interview requests.
The FTC is separately investigating Amazon’s proposed $1.65 billion acquisition of Roomba vacuum maker iRobot Corp., as are European antitrust authorities. In July, the companies renegotiated the price of the deal as the regulatory reviews remain ongoing.
“If we succeed, competition will be restored and people will benefit from lower prices [and] better quality,” Khan said Sept. 26.
— With assistance from Matt Day.
