Breaking Down Lina Khan's Case Against Amazon's Monopoly Power
by Lina Khan (Finally) Sues AmazonOctober 27th, 2023
Too Long; Didn't Read
The FTC has filed a lawsuit against Amazon, accusing the tech giant of willfully maintaining a monopoly in the online superstore market in the United States. Amazon's anticompetitive practices, such as anti-discounting and coercing sellers into using Fulfillment by Amazon, have had a cumulative and synergistic impact on competition. The FTC argues that there's no valid procompetitive justification for these actions, alleging violations of both the FTC Act and the Sherman Act.
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 57 of 80.
COUNT I: MONOPOLY MAINTENANCE OF THE ONLINE SUPERSTORE MARKET (15 U.S.C. § 45(a))
442. Plaintiff FTC re-alleges and incorporates by reference the allegations in paragraphs 1-441 above.
443. At all relevant times, Amazon has had monopoly power in the online superstore market in the United States.
444. Amazon has willfully maintained its monopoly power through its course of anticompetitive and exclusionary conduct, including Amazon’s anti-discounting practices, which stifle price competition and tend to create an artificial price floor, and Amazon’s practice of coercing sellers who want their products to be Prime eligible into using Fulfillment by Amazon, which makes it more difficult and more expensive for rivals to offer increased product selection.
445. Although each of these acts is anticompetitive in its own right, these interrelated and independent actions have had a cumulative and synergistic effect that has harmed competition and the competitive process.
446. There is no valid procompetitive justification for Amazon’s anticompetitive and exclusionary conduct in the online superstore market.
447. Amazon’s anticompetitive and exclusionary conduct constitutes unlawful monopoly maintenance, in violation of Section 5(a) of the FTC Act, 15 U.S.C. § 45(a), and Section 2 of the Sherman Act, 15 U.S.C. § 2.
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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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