The Antitrust Attorney Blog
Author: Sabri Siraj
The Federal Trade Commission has survived a motion to dismiss in a high-stakes lawsuit against Amazon, igniting critical discussions about competition in the online marketplace. As a dominant player in global e-commerce, Amazon’s practices have long affected both consumers and competitors. Will this case change those practices or otherwise have implications for online marketplaces?
Important Note
Bona Law is currently representing Zulily in a similar lawsuit against Amazon in federal district court. You can read the complaint here.
About the Case
The FTC’s lawsuit, filed in Washington State federal court, stems from allegations that Amazon engages in anticompetitive practices that inhibit competition and violate the Sherman Act, the FTC Act, and consumer protection laws. The FTC alleges Amazon pricing practices harm competition by limiting consumer choices, and that Amazon engages in coercive tactics that disadvantage third-party sellers, creates barriers for new entrants, overcharges sellers, and makes it more expensive for sellers to offer their products on other platforms. Numerous states have joined the FTC’s lawsuit.
Amazon denies the allegations and asserts that its practices benefit consumers and competition. The court dismissed some state law claims but has otherwise allowed the lawsuit to proceed, with trial scheduled for October 2026.
Will the Case Affect Amazon’s Competitors?
For Amazon’s existing competitors, the FTC’s actions could provide both opportunities and challenges. If the lawsuit successfully restricts Amazon’s anti-competitive practices, it may level the playing field for other marketplaces like Walmart, eBay, and Shopify. These companies have often struggled to compete with Amazon’s extensive resources, alleged anticompetitive conduct, and customer loyalty programs. A more dynamic marketplace could enable them to attract more sellers and consumers, driving innovation and diversity in e-commerce offerings.
Moreover, if Amazon’s pricing strategies are curtailed, consumers could benefit through lower prices and improved service from competitors. This could encourage a competitive environment where companies strive to enhance their offerings, benefiting consumers.
Implications for Antitrust Law
Traditionally, antitrust laws were designed to prevent monopolistic practices and promote competition in established industries. The FTC’s lawsuit challenges these traditional frameworks by focusing on how Amazon’s business practices could harm competition and consumer choice on a broader scale.
If the FTC succeeds in its claims, it could set a precedent for how regulators interpret antitrust laws in the context of digital markets. This could lead to a more nuanced understanding of what constitutes anticompetitive behavior, moving beyond traditional metrics like pricing to consider issues like market access, platform dominance, and the overall effect on innovation.
In addition, it could set a precedent that could further embolden regulatory bodies to scrutinize online platforms more closely. This outcome might lead to a broader reevaluation of antitrust principles, particularly how market power is defined in this tech-driven era. For instance, regulators may begin to focus on the implications of platform dominance not just in terms of pricing, but also in terms of market access and innovation.
Conversely, if Amazon were to prevail, it could also have significant implications for antitrust law in the digital space. A favorable ruling might lead large platforms to pursue aggressive business strategies without fear of regulatory pushback. This could weaken enforcement efforts against anticompetitive practices, establishing a precedent that makes it harder for regulators to challenge even clear abuses of a dominant market position in the future.
Image by Christian Schröder from Pixabay