ARTICLE
29 September 2023

FTC And State Attorneys General Sue Amazon For Federal And State Antitrust Violations

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Duane Morris LLP

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On September 26, 2023, the Federal Trade Commission (FTC) and 17 state attorneys general filed a complaint against Amazon.com Inc. in the United States District Court
United States Antitrust/Competition Law

On September 26, 2023, the Federal Trade Commission (FTC) and 17 state attorneys general filed a complaint against Amazon.com Inc. in the United States District Court for the Western District of Washington "alleging that the online retail and technology company is a monopolist that uses a set of interlocking anticompetitive and unfair strategies to illegally maintain its monopoly power." The commission voted 3-0 to authorize FTC staff to file the complaint for permanent injunction and other equitable relief. The FTC's commissioners are nominated by the president and confirmed by the Senate, each serving a seven-year term with no more than three of the intended five commissioners being of the same political party. The three current commissioners are all Democrats after the last remaining Republican commissioner resigned in February 2023.

Specially, the complaint alleges that Amazon has violated Section 2 of the Sherman Act, Section 5 of the FTC Act and various state-specific antitrust and competition laws. The complaint focuses on allegations that Amazon engaged in anticompetitive conduct in two markets: (1) the online superstore market that serves shoppers and (2) the market for online marketplace services purchased by sellers.

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