Amazon Faces Multistate Antitrust Probe Led by FTC

III. THE PARTIES

46. Plaintiff FTC is an administrative agency of the United States Government established, organized, and existing pursuant to the FTC Act, 15 U.S.C. § 41, et seq., with its principal offices in the District of Columbia. The FTC is vested with authority and responsibility for enforcing, among other laws, Section 5 of the FTC Act, 15 U.S.C. § 45, and is authorized under Section 13(b) of the FTC Act, 15 U.S.C. § 53(b), to initiate court proceedings to enjoin violations of any law the FTC enforces. This case is proper under Section 13(b) of the FTC Act, 15 U.S.C. § 53(b), because the FTC has reason to believe that Amazon is violating, or is about to violate, Section 5 of the FTC Act, making it appropriate, efficient, and suitable to file this action in federal court with State Plaintiffs to seek the requested relief.

47. Plaintiff State of New York is a sovereign state. The Attorney General of the State of New York is the chief legal officer for the state and brings this action on behalf of the people of the State of New York to protect the state, its general economy, and its residents from Amazon’s unlawful business practices. The Attorney General has the authority under federal and state law, including Section 16 of the Clayton Act and New York Executive Law § 63(12), to pursue injunctive and other equitable relief to prevent and remedy the harms caused by anticompetitive conduct.

48. Plaintiff State of Connecticut is a sovereign state. The Attorney General of the State of Connecticut is the chief legal officer for the state and brings this action on behalf of the people of the State of Connecticut to protect the state, its general economy, and its residents from Amazon’s unlawful business practices. The Attorney General has the authority under federal and state law, including Section 16 of the Clayton Act and the Connecticut Antitrust Act, Conn. Gen. Stat. § 35-24 et seq., and the Attorney General, acting at the request of the Commissioner of Consumer Protection, has the authority under the Connecticut Unfair Trade Practices Act, Conn. Gen. Stat. § 42-110b et seq., to pursue injunctive and other equitable relief to prevent and remedy the harms caused by anticompetitive conduct.

49. Plaintiff Commonwealth of Pennsylvania is a sovereign commonwealth state. The Attorney General of the Commonwealth of Pennsylvania is the chief legal officer for the state and brings this action in the name and on behalf of the people of the Commonwealth of Pennsylvania to protect the Commonwealth, its general economy, its residents, and consumers from Amazon’s unlawful business practices. The Attorney General has authority under state and federal law, including Section 16 of the Clayton Act, the Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 P.S. §§ 201-4 and 201-4.1, and the Commonwealth Attorneys Act, 71 P.S. § 732-204(c), to pursue injunctive and other equitable relief to prevent and remedy the harms caused by anticompetitive conduct and unfair and deceptive acts and practices.

50. Plaintiff State of Delaware is a sovereign state. The Attorney General of the State of Delaware is the chief legal officer for the state and brings this action in the name and on behalf of the people of the State of Delaware to protect the state, its general economy, and its residents from Amazon’s unlawful business practices. The Attorney General has authority under federal and state law, including Section 16 of the Clayton Act and Del. Code Ann. Tit. 6, § 2105, to pursue injunctive and other equitable relief to prevent and remedy the harms caused by anticompetitive conduct.

51. Plaintiff State of Maine is a sovereign state. The Attorney General of the State of Maine is the chief legal officer for the state and brings this action in the name and on behalf of the people of the State of Maine to protect the state, its general economy, and its residents from Amazon’s unlawful business practices. The Attorney General has authority under state and federal law, including Section 16 of the Clayton Act and the Maine Monopolies and Profiteering Law, 10 M.R.S.A. § 1104, to pursue injunctive and other equitable relief to prevent and remedy the harms caused by anticompetitive conduct.

52. Plaintiff State of Maryland is a sovereign state. The Attorney General of the State of Maryland is the chief legal officer for the state and brings this action in the name and on behalf of the people of the State of Maryland to protect the state, its general economy, and its residents from Amazon’s unlawful business practices. The Attorney General has authority under state and federal law, including Section 16 of the Clayton Act and Maryland Commercial Code Ann. § 11-201 et seq., to pursue injunctive and other equitable relief to prevent and remedy the harms caused by anticompetitive conduct.

53. Plaintiff Commonwealth of Massachusetts is a sovereign state. The Attorney General of the Commonwealth of Massachusetts is the chief legal officer for the state and brings this action on behalf of the people of the Commonwealth of Massachusetts to protect the state, its general economy, and its residents from Amazon’s unlawful business practices. The Attorney General has the authority under federal law, including Section 16 of the Clayton Act, to pursue injunctive and other equitable relief to prevent and remedy the harms caused by anticompetitive conduct.

54. Plaintiff State of Michigan is a sovereign state. The Attorney General of the State of Michigan is the chief legal officer for the state and brings this action on behalf of the people of the State of Michigan to protect the state, its general economy, and its residents from Defendants’ unlawful business practices. The Attorney General has the authority under federal and state law, including Section 16 of the Clayton Act and the Michigan Antitrust Reform Act, MCL 445.771 et seq., to pursue injunctive and other equitable relief to prevent and remedy the harms caused by anticompetitive conduct.

55. Plaintiff State of Minnesota is a sovereign state. The Attorney General of the State of Minnesota is the chief legal officer for the state and brings this action on behalf of the people of the State of Minnesota to protect the state, its general economy, and its residents from Amazon’s unlawful business practices. The Attorney General has the authority under federal and state law, including Section 16 of the Clayton Act and Minnesota Statute 8.31, to pursue injunctive and other equitable relief to prevent and remedy the harms caused by anticompetitive conduct.

56. Plaintiff State of Nevada is a sovereign state. The Attorney General of the State of Nevada is the chief legal officer for the state, and the Consumer Advocate is vested with the authority to enforce Nevada’s antitrust laws. The Attorney General, by and through the Consumer Advocate, brings this action on behalf of the people of the State of Nevada to protect the state, its general economy, and its residents from Amazon’s unlawful business practices. The Nevada Attorney General and the Consumer Advocate have the authority under federal and state law, including Section 16 of the Clayton Act, and Nev. Rev. Stat. §§ 228.380 and 598A.160, to pursue injunctive and other equitable relief to prevent and remedy the harms caused by anticompetitive conduct.

57. Plaintiff State of New Hampshire is a sovereign state, acting through the Office of the Attorney General, Consumer Protection and Antitrust Bureau to enforce state and federal laws designed to protect free and open markets for the benefit of consumers. The Attorney General brings this action on behalf of the State of New Hampshire to protect the state, its general economy, and its consumers from Amazon’s unlawful business practices. The Attorney General has the authority under state and federal law, including Section 16 of the Clayton Act and New Hampshire Combinations and Monopolies Act, N.H. Rev. Stat. Ann. ch. 356 et seq., to pursue injunctive and other equitable relief to prevent and remedy the harms caused by the anticompetitive conduct.

58. Plaintiff State of New Jersey is a sovereign state. The Attorney General of the State of New Jersey is the chief legal officer for the state and brings this action in the name and on behalf of the people of the State of New Jersey to protect the state, its general economy, and its residents from Amazon’s unlawful business practices. The Attorney General has authority under state and federal law, including Section 16 of the Clayton Act, the New Jersey Antitrust Act, New Jersey Statutes Annotated (“N.J.S.A.”) § 56:9-1 to -19 (“NJ ATA”), and the New Jersey Consumer Fraud Act, N.J.S.A. § 56:8-1 to -227 (“NJ CFA”), to pursue injunctive and other equitable relief to prevent and remedy the harms caused by anticompetitive conduct and unfair and deceptive acts and practices. The Director of the New Jersey Division of Consumer Affairs is charged with the responsibility of administering the NJ CFA on behalf of the Attorney General. N.J.S.A. 52:17B-120; N.J.S.A. 52:17B-124. The Attorney General brings this action for relief pursuant to his authority under the NJ ATA, specifically N.J.S.A. 56:9-6, 56:9-10(a), 56:9-12(b) and the NJ CFA, specifically N.J.S.A. 56:8-8, 56:8-11, and 56:8-19.

59. Plaintiff State of New Mexico is a sovereign state. The Attorney General of the State of New Mexico is the chief legal officer for the state and brings this action on behalf of the people of the State of New Mexico to protect the state, its general economy, and its residents from Amazon’s unlawful business practices. The Attorney General has the authority under federal and state law, including Section 16 of the Clayton Act and Section 10 of the New Mexico Antitrust Act, to pursue injunctive and other equitable relief to prevent and remedy the harms caused by anticompetitive conduct.

60. Plaintiff State of Oklahoma is a sovereign state. The Attorney General of the State of Oklahoma is the chief legal officer of the state and brings this action in the name and on behalf of the people of the State of Oklahoma to protect the state, its general economy, and its residents from Amazon’s unlawful business practices. The Attorney General has authority under state and federal law, including Section 16 of the Clayton Act and the Oklahoma Antitrust Reform Act, 15 79 O.S. §§ 201, et seq., to pursue injunctive and other equitable relief to prevent and remedy the harms caused by anticompetitive conduct.

61. Plaintiff State of Oregon is a sovereign state. The Attorney General of the State of Oregon is the chief legal officer for the state and brings this action on behalf of the people of the State of Oregon to protect the state, its general economy, and its residents from Amazon’s unlawful business practices. The Attorney General has the authority under federal and state law including Section 16 of the Clayton Act and the Oregon Antitrust Law, Oregon Revised Statutes (“ORS”) 646.705 to ORS 646.836, to pursue injunctive and other equitable relief to prevent and remedy the harms caused by anticompetitive conduct.

62. Plaintiff State of Rhode Island is a sovereign state. The Attorney General of the State of Rhode Island is the chief legal officer for Rhode Island and brings this action on behalf of the people of the State of Rhode Island to protect Rhode Islanders from Amazon’s unlawful business practices. The Attorney General has the authority under federal and state law, including Section 16 of the Clayton Act and Rhode Island General Laws § 6–13.1–1 et seq., to pursue all available types of relief to prevent and remedy the harms caused by anticompetitive conduct.

63. Plaintiff State of Wisconsin is a sovereign state. The Attorney General of the State of Wisconsin is the chief legal officer for the state and brings this action on behalf of the people of the State of Wisconsin to protect the state, its general economy, and its residents from Amazon’s unlawful business practices. The Attorney General has the authority under federal and state law, including Section 16 of the Clayton Act and Wis. Stat. § 133.03, to pursue injunctive and other equitable relief to prevent and remedy the harms caused by anticompetitive conduct.

64. Defendant Amazon is a multinational online retail and technology company that conducts business throughout the United States. Amazon is headquartered in Seattle, Washington, with its principal place of business at 410 Terry Avenue North, Seattle, Washington 98109, and is organized and existing under the laws of Delaware. Unless otherwise specified, “Amazon” refers to Amazon.com, Inc., and all corporate predecessors, subsidiaries, successors, and affiliates.