• A federal appeals court has decided to reinstate an antitrust lawsuit filed against Amazon in the District of Columbia.
  • The lawsuit, filed in 2021, alleges that Amazon engages in anti-competitive behaviour in its treatment of third-party sellers, which facilitates the majority of sales made through the retail giant’s online shopping platform.

OUR TAKE
District of Columbia Attorney General Brian Schwalb says he will continue to work to stop Amazon’s unfair and illegal practices. These Amazon practices raise prices for District consumers, stifle innovation and choice in online retailing, and should be brought under control in a timely manner.
— Iydia Ding, BTW reporter

What happened

The District of Columbia‘s antitrust lawsuit against Amazon resumed Thursday after a federal appeals court overturned a lower court’s decision to dismiss the complaint. The D.C. Court of Appeals ruled that a Superior Court trial judge “set the bar too high” for the District’s complaint, which presented “sufficient facts to support” Amazon’s motion to dismiss the case. The lawsuit, filed in 2021, accused Amazon of anti-competitive behaviour in its treatment of third-party sellers, which boosts the majority of sales made through the retail giant’s online shopping platform. Amazon spokesman Tim Doyle said Thursday, “We disagree with the District of Columbia’s allegations and look forward to presenting the facts in court to demonstrate how good these policies are for consumers. Like any shop owner who doesn’t want to promote a bad deal to their customers, we don’t highlight or promote offers that aren’t competitively priced.

A high court judge granted Amazon’s motion to dismiss the lawsuit, saying sellers were free to set prices and that the district’s claim that Amazon’s practices led to price increases was “dispositive.”

The district eventually appealed the ruling to the appeals court, leading to Thursday’s order.

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Why it’s important

“Now that our case will move forward, we will continue to work to stop Amazon’s unfair and unlawful practices that have raised prices for District consumers and stifled innovation and choice in online retailing,” said Brian Schwalb, the District of Columbia’s attorney general, in a prepared statement. Amazon also faces an antitrust lawsuit filed by the Federal Trade Commission.

Amazon raises prices for consumers and stifles innovation through practices such as contract terms that prevent sellers from offering their products at lower prices or better terms on their own websites or other platforms. These practices raise prices for regional consumers and stifle innovation and choice in online retailing, and the government and relevant agencies should be vigilant in controlling them in a timely manner to avoid irreparable damage to the market caused by monopolistic behaviour.