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In any case, the Bundeskartellamt's initial findings and concerns are likely to also contribute in the EC's investigation. Amazon's conduct as explained in the EC's RFI raises a number of competition issues. If the EC discovers its suspicions validated, this might total up to an infraction of Articles 101 and/or 102 of the Treaty on the Performance of the European Union ("TFEU").

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Post 102 TFEU restricts the abuse of a dominant market position. In  Find More Details On This Page  of an infringement, the EC could enforce a fine of up to 10% of Amazon's overall turnover in the preceding organization year. Unlike other RFIs, the EC has exposed whether it is pursuing the case under Short article 101 and/or 102 TFEU, and what the appropriate theory of harm would be.

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The double position allows Amazon to change its own offerings on the retail level to the success or failure of other companies selling similar or equivalent goods through the Amazon Marketplace. The risk of an industrial failure relating to the recoupment of an investment is close to absolutely no once Amazon has discovered from its Market information that a certain item sells well.

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It is likewise possible that the EC examines Amazon's collection and usage of the marketplace data gathered through its Marketplace as an "exchange of information" amongst contending merchants, setting off concerns under Post 101 TFEU. For that, Amazon's practice would have to amount to an "contract in between endeavors" or a "collective practice" with the object or result of limiting competition between Amazon and the merchants in retail sales.

Relevant to competitors are business information a competitor can take into account for its own tactical market behavior, in specific sales figures, market shares, prices/discounts/bonuses, consumer names and expenses. With concerns to Amazon, two different competitive relationships should be identified. In its capacity as a merchant platform, Amazon participates in a vertical relationship with merchants.

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Any product-specific data allows Amazon to constantly boost its search and ranking algorithms. The requirement to improve and innovate the service might thus justify the gathering of such merchants' information that is needed for the matching of merchants with consumers. Both sides of the market benefit from more appropriate product search results page.