Amazon Sellers’ Response to the FTC’s Overdue Antitrust Case: What They Have to Say

A Sweeping Antitrust Lawsuit Filed Against Amazon

On Oct. 27, 2021, Fred Ruckel, the sole seller of the popular cat toy called the Ripple Rug on Amazon, received an automated email from the company that would cost him thousands of dollars per day. The email informed him that his product would no longer be shown in the buy box, the area where shoppers can easily add products to their cart, because Amazon’s software had detected a cheaper price for his product elsewhere. Ruckel discovered that Chewy, a competitor, had run a promotional discount and lowered the price of his product by a few dollars. To prevent losing sales, Ruckel asked Chewy to raise the price instead. This experience highlights a key issue addressed in a recent lawsuit filed by the Federal Trade Commission (FTC) against Amazon. The lawsuit accuses Amazon of using its monopoly power to squeeze merchants and hinder competition, resulting in inflated prices and a deteriorating shopping experience for consumers.

The FTC’s lawsuit claims that Amazon employs an “anti-discounting strategy” and an extensive web-crawling apparatus to monitor online prices, punishing third-party sellers who offer lower prices elsewhere by threatening to disqualify them from the buy box. According to the complaint, losing the buy box is a significant threat to sellers’ businesses. As a result of these tactics, the FTC argues that Amazon has artificially elevated prices across the internet. The complaint also alleges that Amazon raises its fees for sellers and prevents them from offering discounts on other platforms, leading sellers to increase prices on Amazon as well, creating an artificial price floor. The FTC is seeking to hold Amazon accountable for violating anti-monopoly laws, although it has not yet specified the remedies it believes are appropriate.

Amazon responded to the lawsuit in a blog post, stating that third-party sellers set their own prices on the marketplace, and the company provides tools to help sellers offer competitive prices. Amazon argues that they do not highlight or promote offers that are not competitively priced and that the FTC’s lawsuit could result in a restriction of low prices, which would contradict the goals of antitrust law.

Reactions to the Lawsuit and Sellers’ Concerns

Many Amazon sellers have expressed support for the FTC’s lawsuit, hoping for changes in Amazon’s business practices. On Amazon’s merchant forum, several users cheered on the FTC and criticized Amazon’s treatment of sellers. Some sellers mentioned rising fees, complex suspensions processes, and increased competition on the platform as issues they have faced.

However, some sellers are skeptical of the lawsuit and question whether it addresses the right issues. Scott Needham, an Amazon seller, expressed surprise at some of the points raised by the FTC and stated that they haven’t caused him significant problems. Needham pointed out that many sellers voluntarily choose to use Amazon’s fulfillment service (FBA) because of its benefits, such as competitive pricing and two-day shipping. He believes that the power Amazon exerts over sellers is worth investigating, but he’s uncertain if the lawsuit will result in meaningful changes.

Scott Moller, another Amazon seller, defended the company, stating that Amazon has removed challenges from running an online business with services like FBA and targeted advertising. Moller argued that Amazon’s marketplace offers a perfect marriage of transactions, allowing sellers to tailor their ads and reach the desired consumers.

Despite the mixed reactions from sellers, the FTC’s lawsuit against Amazon sheds light on concerns about the company’s business practices and alleged anti-competitive behavior. The outcome of this lawsuit remains uncertain, and its impact on Amazon’s operations and the broader e-commerce landscape will be closely watched.