Amazon Faces Canada Antitrust Probe -- WSJ
15 August 2020 - 9:02AM
Dow Jones News
Investors are looking to see if the company used its dominance
to eliminate competition
By Paul Vieira
This article is being republished as part of our daily
reproduction of WSJ.com articles that also appeared in the U.S.
print edition of The Wall Street Journal (August 15, 2020).
OTTAWA -- Canada's antitrust watchdog said it has launched a
civil investigation into Amazon.com Inc., and whether it is abusing
its dominant position in the retail sector in its treatment of
independent sellers on its site.
Canada is the latest jurisdiction to launch an antitrust probe
into the online retailer's practices, which are garnering increased
attention in Congress, among U.S. states and in Europe. Of
particular interest among authorities is how Amazon treats
third-party sellers who use the company's marketplace.
Canada's Competition Bureau said Friday that its probe is under
way and "there is no conclusion of wrongdoing at this time." In
revealing the investigation, it welcomed input from market
participants regarding its concerns -- an indication, antitrust
watchers say, of the priority the bureau is giving this case.
An Amazon spokesperson said the Seattle-based company is
cooperating with the Competition Bureau's review.
The bureau said its investigation focuses on abuse of dominance,
or whether a dominant firm in a market engages in behavior intended
to eliminate competitors or deter the entry of new rivals.
Canadian antitrust investigators are looking at any past or
existing Amazon policies that might affect third-party sellers'
willingness to offer their wares for sale at a lower price on other
retail channels. Further, they are probing whether third-party
sellers are able to succeed without using the Fulfillment By Amazon
program, under which Amazon handles the logistics.
In 2017, Amazon agreed to pay a penalty of one million Canadian
dollars ($756,000) and vowed to change its pricing practices after
a Competition Bureau investigation concluded the online retailer
made unsubstantiated claims about savings on certain products.
Mark Warner, a competition and trade lawyer who practices in
Toronto and New York, said the bureau has a mixed record on proving
abuse of dominance in Canada. High-profile investigations against
Google in 2016 and Apple Inc. in 2017 were discontinued without any
enforcement action being taken, he said.
However, Mr. Warner added, "to the extent that it can ride
sidecar along with enforcement actions in the EU and the U.S., the
bureau's chances of succeeding probably increase
exponentially."
The European Union has contemplated filing antitrust charges
against Amazon over its treatment of third-party sellers, The Wall
Street Journal reported in June. California is also reviewing
Amazon's practices, while members of Congress are pushing the
Department of Justice to launch its own probe into how the online
retailer treats independent sellers.
Appearing last month before the House Judiciary Committee's
antitrust subcommittee, Jeff Bezos, Amazon's chief executive, was
accused by lawmakers of bullying independent sellers on the
retailer's marketplace.
Write to Paul Vieira at paul.vieira@wsj.com
(END) Dow Jones Newswires
August 15, 2020 02:47 ET (06:47 GMT)
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