Amazon questions the EU system for allocation of cases within the ECN

Bird & Bird, Jose Rivas and Candela Sotés, 15 March 2021

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– Digital platforms, Amazon in particular, have burst onto the market in recent years, sometimes clashing with competition rules.

– Amazon’s popular “Buy Box” tool provides sellers with an advantage over the rest of the competitors present on the platform

– The European Commission and the AGCM agree that Amazon would have breached EU antitrust rules by distorting competition in online retail markets. Two different proceedings have been opened based on the existence of "partially similar concerns"

– Amazon has decided to sue the European Commission before the EU General Court for allowing the AGCM investigation to continue in parallel with the EEA investigation

– The complexity of Amazon’s case stems from the fact that European Law does not provide the possibility for the same investigation to be conducted by both the European Commission and a National Competition Authority at the same time

Authors

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