The German Amazon Marketplace Agreement Case: A Landmark Settlement with Global Reach or More Hype Than Substance?

Abstract

In July 2019, the German Bundeskartellamt (Federal Cartel Office – “FCO”) reached an informal settlement with Amazon and subsequently closed its investigation into the company’s commercial practices. The investigation related to the operation of the so-called “Amazon Marketplace,” its internet sales platform for retailers. Under the settlement, Amazon agreed to modify the contractual terms and trading practices under which it sold other retailers’ products on the Amazon Marketplace. Some have praised the settlement, primarily because it was reached after just seven months of investigation. In addition, the FCO can renew the case if Amazon does not comply with the settlement’s provisions. However, given the limited scope of the settlement, and its apparent non-binding nature (also for follow-on actions), it is questionable whether the settlement is more hype than substance.

Keywords: Amazon, Antitrust, Fco, Bundeskartellamt, Competition Law, Amazon Marketplace, Marketplace, Settlement, Art. 102 Tfeu, Absuse of Dominance, Follow-On Action