The EU Commission accepts the commitments of a multinational e-commerce platform to address concerns over its discriminatory practices and use of non-public data to unfairly bolster its own retail business (Amazon)

On 17 February 2023, the European Commission (the “Commission”) published its commitments decision dated 20 December 2022 in Case AT.40462 – Amazon Marketplace and AT.40703 – Amazon Buy Box. The Commission made the commitments offered by Amazon to resolve its alleged abuses of dominance legally binding under EU antitrust rules. Background On 17 July 2019 and 10 November 2020, the Commission opened investigations into possible abuses of dominance by Amazon, namely: Amazon’s use of non-public business data of thirdparty retailers using its Marketplace to inform its own retail decisions – according to the Commission, the use of these data gave Amazon an unfair advantage over competing third parties on downstream markets (“Data Use Concern”); and Amazon’s rules and criteria for selecting the