Amazon Faces German Scrutiny Over Marketplace Pricing Practices

Germany’s antitrust authority, the Bundeskartellamt, has issued a formal warning to Amazon regarding its pricing policies on the Amazon Marketplace. The watchdog contends that Amazon’s mechanisms for controlling third-party sellers’ prices may infringe upon both national and European Union competition laws.

The Bundeskartellamt’s concerns centre on Amazon’s use of algorithms and policies that potentially penalise third-party sellers for setting prices deemed too high. Such penalties could include demotion in search rankings or outright removal of products from the platform. The authority argues that these practices may constitute an abuse of market dominance, restricting fair competition and consumer choice.

This development follows the Bundeskartellamt’s designation of Amazon as an entity of “paramount significance for competition across markets” under Section 19a of the German Competition Act. This classification subjects Amazon to heightened regulatory scrutiny and obligations to ensure competitive fairness.

In response to the ongoing investigation, the Bundeskartellamt conducted a survey in September 2024 involving 2,000 third-party retailers. The survey aimed to assess the impact of Amazon’s pricing policies on sellers’ behaviour and market dynamics. Preliminary findings suggest that Amazon’s practices may deter sellers from offering competitive prices, thereby limiting market diversity.

Amazon has previously defended its pricing policies, asserting that they are designed to prevent price gouging and protect consumers. However, the Bundeskartellamt maintains that such justifications do not exempt the company from adhering to competition laws.

The European Commission is also monitoring Amazon’s practices, particularly in light of the Digital Markets Act , which seeks to regulate large online platforms and prevent anti-competitive behaviour. Under the DMA, companies designated as “gatekeepers” are prohibited from favouring their own services or imposing unfair conditions on business users.

The outcome of the Bundeskartellamt’s investigation could have significant implications for Amazon’s operations in Germany and potentially across the European Union. If found in violation of competition laws, Amazon may face substantial fines and be required to alter its business practices to promote fair competition.