Antitrust & Competition Policy Blog

Editor: D. Daniel Sokol
University of Florida
Levin College of Law

Monday, April 19, 2021

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?

 
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.

https://lawprofessors.typepad.com/antitrustprof_blog/2021/04/abuse-of-dominance-in-digital-markets-can-amazons-collection-and-use-of-third-party-sellers-data-con.html

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