On 9 December 2021, the Italian Competition Authority (“ICA”) adopted a decision finding that the Amazon group (“Amazon”) had violated Article 102 TFEU and harmed competing providers of e-commerce logistics services by tying the right of retailers on the Amazon marketplace to participate in Amazon’s Prime programme to the retailers’ agreement to use Amazon’s own logistical service (so-called “Fulfilment by Amazon” or “FBA”). The ICA imposed a fine of over € 1.1 billion on Amazon in respect of this infringement. Interestingly, although it would have been sufficient to characterise Amazon’s conduct as a standard tying strategy, the ICA applied the reasoning developed by the European Commission (“Commission”) in Google Shopping and framed its case around a self-preferencing theory of harm. The ICA
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The Italian Competition Authority imposes record-breaking fine of € 1.1 billion on an e-commerce company for “self-preferencing” its own logistical services (Amazon)
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