The Amazon antitrust lawsuit is likely to be a long and arduous journey for the FTC

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The Amazon antitrust lawsuit is likely to be a long and arduous journey for the FTC
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The Federal Trade Commission’s long-awaited antitrust lawsuit against Amazon is the most aggressive move it has taken yet to tame the market power of a company that’s become synonymous with online shopping and fast deliveries.

File - Lina Khan, then a nominee for Commissioner of the Federal Trade Commission , speaks at a hearing, April 21, 2021 on Capitol Hill in Washington. The Federal Trade Commission's long-awaited antitrust case is the agency's most aggressive move yet to tame the market power of Amazon, a company that's become synonymous with online shopping and fast deliveries.

The Amazon case, which was backed by 17 states, marks a full-circle moment for Khan, who is finally confronting the company she scrutinized in an influential scholarly paper she penned as a Yale Law student. In the paper, which was called “Amazon’s Antitrust Paradox” and released in 2017, Khan argued the prevailing way of looking at anticompetitive conduct by the impact it has on prices was insufficient in the modern economy.

“If we succeed, competition will be restored and people will benefit from lower prices, greater quality, greater selection as a result,” Khan said during a recent call with reporters. In the 172-page complaint filed in federal court, the government paints a picture of an institution that strong-arms sellers and exercises monopoly power in what it calls the “online superstore market” and “online marketplace services.” This isn’t the entire U.S. e-commerce sector, of which Amazon is estimated to control about 40%.

Besides the jargon around market definitions, the substance of the agency’s complaint focuses on Amazon’s growing fees on third-party sellers and its ramifications on consumers. It accuses the e-commerce company of squeezing sellers through various fees and employing a massive web-crawling apparatus that punishes them for offering lower prices on other sites. The FTC also alleges Amazon keeps sellers dependent on services that have allowed it to collect billions in revenue every year.

“Once you get to relief, it might be too little too late,” said Stucke, who currently teaches law at the University of Tennessee.

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