The Italian Competition Authority fines an e-commerce company €1.128 billion for abuse of dominance by making exclusive advantages for its online marketplace conditional upon the purchase of its logistics services (Amazon)

On December 9, 2021, the Italian competition authority (the “ICA” or “AGCM”) has levied its highest ever administrative fine—€1.128 billion—on Amazon Europe Core S.à r.l., Amazon Services Europe S.à .r.l., Amazon EU S.à r.l., Amazon Italia Services S.r.l., and Amazon Italia Logistica S.r.l. (collectively, “Amazon”) for abusing their dominant market position in breach of Article 102 of the Treaty on the Functioning of the European Union (“TFEU”) [1]. As the AGCM explains in its 250-page decision [2], Amazon allegedly leveraged its dominant position in the Italian market for e-commerce intermediation services (or “marketplace services”) to favor the adoption of its own logistics service—Fulfillment by Amazon (“FBA”)—by third-party retailers active in its marketplace (“Sellers”). More specifically, the

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Francesco Tognato, Irene Picciano, Enzo Marasà, The Italian Competition Authority fines an e-commerce company €1.128 billion for abuse of dominance by making exclusive advantages for its online marketplace conditional upon the purchase of its logistics services (Amazon), 9 December 2021, e-Competitions December 2021, Art. N° 104177

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