Antitrust Case 40462 | Amazon Marketplace

Summary:

Reports and information relating to an in-depth investigation conducted by the European Commission on whether Amazon's use of sensitive data from independent retailers who sell on its marketplace is in breach of EU competition rules.

Further information:

Amazon features a dual role as a platform - it sells products on its website as a retailer and provides a marketplace where independent sellers can sell products direcyl to consumers. In the latter scenario, Amazon continuously collects data about the activity on its platform. The in-depth investigation - announced by the European Commission on 17 July 2019 - aims to look into the standard agreements between Amazon and marketplace sellers and the role of data in the selection of the winners of the Buy Box and the impact of Amazon's potential use of competitively sensitive marketplace seller information on that selection.

On 10 November 2020, the European Commission informed Amazon of its preliminary view that it breached EU antitrust rules by distorting competition in online retail markets. The Commission took issue with Amazon systematically relying on non-public business data of independent sellers who sell on its marketplace, to the benefit of Amazon's own retail business, which directly competes with those third party sellers. A Statement of Objection was sent to the company for an opportunity to address the preliminary conclusions.

A separate investigation was also launched into the possible preferential treatment of Amazon's own retail offers and those of marketplace sellers that use Amazon's logistics and delivery services.

Commentary and Analysis

Politico, 12/06/2020: 3 things to look out for in the EU’s charges against Amazon https://www.politico.eu/article/3-things-to-look-out-for-in-the-eus-charges-against-amazon-margrethe-vestager/

BEUC: Press Release, 10/11/2020: BEUC supports European Commission’s competition investigation into Amazon’s e-commerce activities https://www.beuc.eu/publications/beuc-supports-european-commission%E2%80%99s-competition-investigation-amazon%E2%80%99s-e-commerce/html

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News

Bloomberg, 16/07/2019: Amazon in EU Crosshairs as Vestager Fights Big Tech to the End https://www.bloomberg.com/news/articles/2019-07-16/amazon-faces-eu-probe-as-vestager-plans-summer-finale

Politico, 17/07/2019: EU antitrust probe targets Amazon’s ‘dual role’ https://www.politico.eu/article/eu-antitrust-probe-targets-amazons-dual-role/

TIME, 17/07/2019: E.U. Investigates Amazon Over Use of Retailer Info To Gain Competitive Edge https://time.com/5628149/eu-investigates-amazon-data/

France24, 17/07/2019: EU launches probe into Amazon data misuse allegations https://www.france24.com/en/20190717-amazon-european-union-investigation-data-antitrust

Deutsche Welle, 17/07/2019: EU opens antitrust probe into Amazon over use of merchant data https://p.dw.com/p/3MBql

RTÉ News, 17/07/2019: EU regulators to investigate Amazon over merchant data https://www.rte.ie/news/2019/0717/1063573-amazon-eu-probe/

Reuters, 17/07/2019: Amazon under EU antitrust fire over use of merchant data https://uk.reuters.com/article/idUKKCN1UC0WC

The Irish Times, 17/07/2019: EU to inquire into Amazon’s use of merchants’ data on its website https://www.irishtimes.com/business/technology/eu-to-inquire-into-amazon-s-use-of-merchants-data-on-its-website-1.3959039

The Guardian, 17/07/2019: Amazon faces EU inquiry over treatment of small retailers https://www.theguardian.com/technology/2019/jul/17/amazon-faces-eu-inquiry-over-treatment-of-small-retailers

BBC News, 17/07/2019: Amazon Marketplace to be investigated by the EU https://www.bbc.co.uk/news/business-49014859

EurActiv, 18/07/2019: Commission opens investigation into Amazon’s handling of data https://www.euractiv.com/section/competition/news/commission-opens-investigation-into-amazons-handling-of-data/

The Guardian, 10/11/2020: Amazon charged with abusing EU competition rules https://www.theguardian.com/world/2020/nov/10/amazon-charged-with-abusing-eu-competition-rules

CNBC, 10/11/2020: EU says Amazon breached antitrust rules, opens second investigation into its e-commerce business https://www.cnbc.com/2020/11/10/eu-hits-amazon-with-antitrust-charges-for-distorting-competition.html

The New York Times, 10/11/2020: Amazon Charged With Antitrust Violations by European Regulators https://www.nytimes.com/2020/11/10/business/amazon-eu-antitrust.html

RTÉ News, 10/11/2020: EU charges Amazon with distorting online retail competition https://www.rte.ie/news/business/2020/1110/1177202-eu-charge-amazon/

City AM, 10/11/2020: EU accuses Amazon of ‘distorting’ competition in ecommerce market https://www.cityam.com/eu-to-file-antitrust-charges-against-amazon-over-data-misuse/

Deutsche Welle, 10/11/2020: EU charges Amazon with breaking competition law https://p.dw.com/p/3l69G

Associated Press, 10/11/2020: EU files antitrust charges against Amazon over use of data https://apnews.com/article/eu-files-antitrust-against-amazon-8e0222555df76c36bfbeed3289222d94

BBC News, 10/11/2020: Amazon charged with abusing EU competition rules https://www.bbc.co.uk/news/business-54887650

Reuters, 10/11/2020: Europe charges Amazon with using dominance and data to squeeze rivals https://uk.reuters.com/article/idUSKBN27Q21T

Politico, 10/11/2020: EU charges Amazon with misusing data, opens new probe over Buy Box https://www.politico.eu/article/amazon-antitrust-europe-margrethe-vestager/

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Official

European Commission: DG Competition: Public Case Register: 40462 | Amazon Marketplace http://ec.europa.eu/competition/elojade/isef/case_details.cfm?proc_code=1_40462

European Commission: Press Release, 17/07/2019: Commission opens investigation into possible anti-competitive conduct of Amazon http://europa.eu/rapid/press-release_IP-19-4291_en.htm

European Commission: Press Release, 10/11/2020: Antitrust: Commission sends Statement of Objections to Amazon for the use of non-public independent seller data and opens second investigation into its e-commerce business practices https://ec.europa.eu/commission/presscorner/detail/en/ip_20_2077

European Commission: Statement by Executive Vice-President Vestager on Statement of Objections to Amazon for the use of non-public independent seller data and second investigation into its e-commerce business practices (10 November 2020) https://ec.europa.eu/commission/presscorner/detail/en/statement_20_2082

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