By: Madie Arcemont
Under investigation by both the European Commission and the United States Congress, Amazon has been criticized for its anti-competitive behavior. The “Buy Box,” otherwise known as Amazon’s “Buy Now” button, in particular has been criticized for favoring Amazon’s own branded products and Prime eligible products over those of third-party sellers. Because Amazon acts as both a fulfillment service, a marketplace, and a competitor, the structure of its company raises novel antitrust issues. While Amazon’s role as both a marketplace and competitor parallels supermarket private labels, Amazon’s position as a fulfillment service and marketplace may allow Amazon to leverage its position as the controller of the Buy Box algorithm to promote its own services to third party sellers.
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