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Amazon Under Fire for Violating New Jersey Consumer Fraud Act (“CFA”)
by Lina Khan (Finally) Sues AmazonNovember 3rd, 2023
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The State of New Jersey has filed a legal case against Amazon, accusing the company of antitrust violations and commercial practices that contravene both state and federal law. These alleged violations include monopolization and attempted monopolization of trade and commerce within the state. The State of New Jersey is seeking remedies such as disgorgement of profits, injunctive relief, costs, attorney's fees, and other appropriate remedies as deemed necessary by the court.People Mentioned
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FTC v. Amazon Court Filing, retrieved on Sep 26, 2023, is part of HackerNoon’s Legal PDF Series. You can jump to any part in this filing here. This is part 69 of 80.
COUNT XIII: VIOLATION OF THE NEW JERSEY CONSUMER FRAUD ACT (“CFA”) (COMMERCIAL PRACTICES IN VIOLATION OF STATE AND FEDERAL LAW)
502. Plaintiff State of New Jersey repeats and realleges and incorporates by reference each and every preceding paragraph and allegation of this Complaint as if fully set forth herein.
503. The CFA, N.J.S.A. 56:8-4(b), states: In an action brought by the Attorney General, any commercial practice that violates State or federal law is conclusively presumed to be an unlawful practice under [N.J.S.A. 56:8-2] . . . .
504. In the operation of its business, Amazon engaged in numerous commercial practices that violate the New Jersey Antitrust Act, including, but not limited to, N.J.S.A. 56:9-4, monopolizing, or attempting to monopolize a part of trade or commerce within the state.
505. In the operation of its business, Amazon engaged in monopolization, or attempted monopolization of a part of trade or commerce, in violation of Section 2 of the Sherman Act, 15 U.S.C. § 2.
506. Each violation of New Jersey and/or federal law by Amazon, on or after August 5, 2022, constitutes a separate unlawful practice and violation of the CFA, N.J.S.A. 56:8-2, under N.J.S.A. 56:8-4(b).
507. Plaintiff State of New Jersey seeks all remedies available under the CFA, N.J.S.A. 56:8-1 to -227, including, without limitation, the following:
(a) Disgorgement of all profits Amazon derived as a result of the conduct alleged herein, pursuant to N.J.S.A. 56:8-8;
(b) Injunctive and other equitable relief, pursuant to N.J.S.A. 56:8-8;
(c) Costs and attorney’s fees, pursuant to N.J.S.A. 56:8-11 and N.J.S.A. 56:8-19; and
(d) Other remedies as the Court may deem appropriate and the interests of justice may require.
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This court case 2:23-cv-01495 retrieved on October 2, 2023, from ftc.gov is part of the public domain. The court-created documents are works of the federal government, and under copyright law, are automatically placed in the public domain and may be shared without legal restriction.
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