The EU’s Competition Investigation into Amazon’s Marketplace

7 Pages Posted: 16 Dec 2019 Last revised: 2 Mar 2021

See all articles by Thomas Hoppner

Thomas Hoppner

Technical University of Applied Sciences Wildau; Hausfeld RA LLP

Philipp Westerhoff

Hausfeld RA LLP

Date Written: November 9, 2018


In September 2018, the European Commission sent out formal requests for information to investigate allegations of an anticompetitive conduct by Amazon. The investigation relates to the interdependencies between Amazon’s third-party sales platform for retailers (“Amazon Marketplace”) and Amazon’s own online retail operations. Operating both on an upstream intermediation market for businesses (“merchants”) and downstream retail markets vis-à-vis its end customers (“shoppers”) has created a strong conflict of interest for Amazon. This article outlines the background to the EC’s investigation and the current focus and likely theories of harm regarding Amazon’s conduct involved in the investigation.

Keywords: Amazon, Antitrust, Competition Law, Marketplace, hybrid platform, self-preferencing, data abuse

Suggested Citation

Höppner, Thomas and Westerhoff, Philipp, The EU’s Competition Investigation into Amazon’s Marketplace (November 9, 2018). Available at SSRN: or

Thomas Höppner

Technical University of Applied Sciences Wildau ( email )

Hochschulring 1
Wildau, 15745

Hausfeld RA LLP ( email )

Walter-Benjamin Platz 6
Berlin, 10629

Philipp Westerhoff (Contact Author)

Hausfeld RA LLP ( email )

Kurfürstendamm 218
Berlin, 10719


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