Epilogue in the Amazon Case – Business

Following the adoption and entry into force of the Digital Markets Act (hereafter DMA), legitimate questions have arisen as to the future of competition law in the digital age and its usefulness for regulating digital platforms. In this sense, some have wondered whether this new regulation was really a “supplement” as its letter suggests (Cons. 10 and art. 1, § 6 of Reg. [UE] 2022/1925 of Sept. 14, 2022 relating to contestable and fair markets in the digital sector and amending dir. [UE] 2019/1937 and [UE] 2020/1828 (regulation on digital markets), OJEU No. L 265 of 12 Oct. 2022) or a “substitute” for competition law (M. Cousin, Le Digital Markets Actsupplement or substitute for competition law?, in Competition and Europe – Liber Amicorum – Volume I, by L. Idot (foreword B. Laserre; pref. C. Lemaire and F. Martucci), under the dir. by C. Lemaire and F. Martucci, Concurrences, 2022, p. 305-316). The present case, involving Amazon – the “giant of the Web” and, among other things, of e-commerce – provides some answers in this regard.

The competition concerns identified by the Commission

At the outset, it should be recalled that as a “platform”, Amazon has a dual role: it not only sells its products on its website, but also provides a marketplace where independent sellers can sell products directly to consumers.

For this reason, the European Commission had decided to open a formal investigation in July 2019, then to send a statement of objections in November 2020 to Amazon, in which it accused it in particular of violating the rules of…

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