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Does Amazon Have Too Much Power?




                                                          Opinion

                                                  By David Kretchmar



                                  I have been an Amazon        buy elsewhere. I made kind of a game of it and en-
                                  Prime member for a cou-      joyed finding a better price (including tax & shipping)
                                  ple of years and, like       on sites other than Amazon. I did this a little out of
                                  many people, have regu-      jealousy (I have never owned Amazon stock) and be-
                                  larly made small and large   cause of a nagging feeling that Amazon and Jeff Be-
                                  purchases through Ama-       zos were taking over the world.
                                  zon. I enjoyed the fast,     In recent years I have found it increasingly difficult to
                                  often two-day “free” ship-   find a better price than Amazon’s on many popular
         ping for a time with Prime, although more recently    items. I did not know how or why, but the rules
         this turned into two-week shipping on my sandals      seemed to have changed.
         from Zappos (an Amazon subsidiary). The protec-
         tion Amazon gives consumers is second to none in      The Anti-Trust Lawsuit
         the online or offline world.                          On May 25, 2021 the Washington, D.C. Attorney Gen-

         Amazon has become THE dominant online retailer        eral, Karl Racine, announced he was suing Amazon
         in America, currently accounting for over 50% of      on antitrust grounds, claiming the company’s practic-
         online retail purchases in the United States. This is   es have unfairly raised prices for consumers and
         despite most formerly 100% brick and mortar opera-                                  blocked innovation.
         tions such as Walmart, Home Depot, Target, and                                      The lawsuit alleges
         Best Buy, moving strongly into online selling.                                      Amazon illegally main-
                                                                                             tained monopoly pow-
         Amazon’s third-party marketplace, made up of mil-                                   er through pricing con-
         lions of merchants, has become a critical part of                                   tracts with thirdparty
         Amazon’s e-commerce business. The marketplace         sellers. An Amazon spokesperson said Tuesday: “The
         now accounts for more than half of Amazon’s overall   DC Attorney General has it exactly backwards —
         sales.
                                                               sellers set their own prices for the products they offer
         With Amazon’s massive size comes power. It would      in our store.” I believe this is untrue.
         be a miracle (and downright un-capitalistic) if Ama-  Karl Racine is seeking to end what he alleges is Ama-
         zon did not take advantage of its massive size. Sad-  zon’s illegal use of price agreements to reduce com-
         ly, in recent years, Amazon has been using its pow-   petition; the lawsuit also asks for damages and penal-
         er to force consumers to pay more for an item than    ties to deter future similar conduct. The suit asks the
         they would otherwise pay if Amazon did not exist.
                                                               court to block Amazon’s ability to harm competition by
         I can anecdotally attest to this as a result of my per-  imposing a variety of reliefs, up to and including
         sonal experience. I enjoy shopping online, at least   breaking up Amazon.
         much more than I like physically visiting a retail    How Amazon Raises Prices
         store. For each purchase I search a number of
         online resellers, getting a good idea of who has the   The lawsuit, filed in D.C. Superior Court, alleges Ama-
         best price.                                           zon illegally maintained monopoly power by using
                                                               contract provisions to prevent third-party sellers on its
         For many years I continued to shop online at Ama-     platform from offering their products for lower prices
         zon and other sellers, sometimes finding that Ama-    on other platforms. The attorney general’s office
         zon had the best price, yet also often finding a better

         June 2021                                           25
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