Abuse of Dominance in Digital Markets: Can Amazon’s Collection and Use of Third-Party Sellers’ Data Constitute an Abuse of a Dominant Position Under the Legal Standards Developed by the European Courts for Article 102 TFEU?

Abuse of Dominance in Digital Markets: Can Amazon’s Collection and Use of Third-Party Sellers’ Data Constitute an Abuse of a Dominant Position Under the Legal Standards Developed by the European Courts for Article 102 TFEU?

Vladya M K Reverdin

 

ABSTRACT: 

• Amazon collects and uses vast amounts of data from third-party sellers (‘TPS’), which enable the company to leverage its dominant position from the market for online marketplace services to multiple downstream markets.

• There are growing concerns that vertically integrated dominant online platforms, which favour their own activities, can produce anticompetitive effects.

• Amazon’s conduct does not fit precisely with the case law on Article 102 TFEU.

• Stretching the legal standards developed for margin squeezes to the self-preferencing conduct of Amazon is the most reliable path to hold the undertaking liable.

• Many uncertainties persist on how to assess the conduct of dominant online platforms such as Amazon’s self-preferencing, and which legal standards to apply must be clarified by the European Courts.