In a judgment of 24 Mars 2021, the Luxembourg Administrative Tribunal confirmed the decision of the President of the Competition Council rejecting a request for interim measures against Amazon Services Europe S.à r.l. ("Amazon") for an alleged abuse of its dominant position.

The applicant, a seller of digital photography devices, accused Amazon of committing several unfair practices in the market for online platform services. In particular, the applicant claimed that Amazon had unilaterally closed his seller account and, consequently, had deprived him of any possibility of distributing his products. The request for interim measures accompanying the complaint was aimed notably at restoring this seller account.

The Tribunal held that the applicant had not sufficiently proven a serious and irreparable damage caused to him by the alleged unfair practices. In particular, the applicant did not demonstrate how the abrupt termination of a commercial relationship by Amazon had affected his turnover and how it had deprived him of the possibility of distributing his products on other online platforms or in physical stores.

The judgment is without prejudice to the final judgment on the substance of the application.

Originally published 19.07.2021

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