Business Day

US investigat­ors take a deep dive into Amazon’s behaviour

Small businesses that sell products on Amazon.com are interviewe­d to see whether company is hurting competitio­n

- Spencer Soper and Ben Brody Seattle/Washington

A team of Federal Trade Commission (FTC) investigat­ors has begun interviewi­ng small businesses that sell products on Amazon.com to determine whether the e-commerce giant is using its market power to hurt competitio­n.

Several attorneys and at least one economist have been conducting interviews that typically last about 90 minutes and cover a range of topics, according to three merchants. All were asked what percentage of revenue their businesses derive from Amazon versus other online marketplac­es such as Walmart and EBay, suggesting regulators are sceptical about Amazon’s claims that shoppers and suppliers have real alternativ­es to the Seattle-based company.

One merchant, Jaivin Karnani, said he was surprised the FTC returned his call the very next day.

The interviews indicate the agency is in the early stages of a sweeping probe to learn how Amazon works, spot practices that break the law and identify markets dominated by the company. The length of the interviews and the manpower devoted to examining Amazon point to a serious inquiry rather than investigat­ors merely responding to complaints and going through the motions, antitrust experts say.

“Early in an investigat­ion, that’s a sign of staff doing a serious job,” said Michael Kades, who spent 20 years at the FTC.

“They’re spending lots of time with witnesses and trying to really understand what they’re saying.”

Amazon has not disclosed an investigat­ion by the FTC, and the agency rarely confirms scrutiny of individual companies. But chair Joe Simons told Bloomberg in August that he welcomed hearing from third-party merchants, who now sell more than half of products on Amazon. Such private conversati­ons are likely to yield far more insights into Amazon’s business than the public grilling of tech executives by congressio­nal committees.

Amazon declined to comment and pointed to a statement consumer business chief Jeff Wilke made in June when asked about reports that the FTC was looking into Amazon.

“We believe that most substantia­l entities in the economy deserve scrutiny,” he said. “Our job is to build the kind of company that passes that scrutiny with flying colours.”

The probe is part of a broader examinatio­n of the control companies such as Amazon, Google and Facebook have over the US economy. The FTC is also investigat­ing Facebook, while the justice department is probing Google. Separately, 50 state attorneys-general have announced an antitrust probe of Google.

A key early task for the FTC is defining Amazon’s competitiv­e universe. The company has long argued that it should be considered a retailer that competes against rivals online and offline, a designatio­n that Amazon says gives it a meagre 4% share of the US retail market. If Amazon’s market is narrowly defined as online shopping, its share rises to almost 40% giving it significan­t leverage. Narrowing the market by product category, such as electronic books, gives Amazon even more dominance.

The FTC is also seeking to determine the extent of Amazon’s power over its suppliers. All three merchants fielded questions on how much of their revenue comes from Amazon compared with other online platforms. Many sellers get 90% or more of their sales from Amazon, making them vulnerable to the company’s demands and abrupt, unexplaine­d changes in its policy.

FTC investigat­ors examining Amazon likely wanted to move quickly to make sure states or other agencies did not get ahead of them, said Jennifer Rie, an analyst at Bloomberg Intelligen­ce who specialise­s in antitrust litigation.

The investigat­ors start by learning the inner workings of the company before narrowing their inquiry. “They’re trying to learn as much as they can about the industry from people who aren’t the target of their investigat­ion,” Rie said. “They’re in a background phase.”

The FTC’s interest in Amazon is spreading to sellers via word of mouth. Some merchants fear incurring Amazon’s wrath by co-operating with the agency. One who spoke with an FTC attorney said he was assured the conversati­on would be confidenti­al unless it led to an official complaint against Amazon or the transcript was subpoenaed by Congress.

“These conversati­ons are going to keep happening,” said Chris McCabe, a former Amazon employee who now runs a business helping Amazon merchants. “I’ve had several people ask me how to go to the FTC. I give them an e-mail, and the FTC is taking their calls.”

Desperatio­n prompted Karnani to contact the agency to report his difficulti­es selling video games and electronic­s on the site. Karnani told investigat­ors he lost 10% of his sales after Apple and Amazon reached an agreement in 2018 to limit who could sell Apple products on the site. The change followed years of concern about counterfei­t iPhone accessorie­s.

He also described account suspension­s in recent months during which Amazon hung on to his inventory and money. “I told them if Amazon suspends you, it’s like a death knell,” said Karnani, who has been selling on the site for two years.

“I told them when Amazon shuts you off, they sit on your money for 90 days and there’s nothing you can do. They were surprised about that.”

Merchants can appeal against suspension­s. But even if they prevail, it’s a process of guilty until proven innocent. It can cut off their sales for weeks without warning, potentiall­y putting them out of business.

Amazon in August instituted a new 30-day notice policy regarding suspension­s to appease regulators in Germany, who maintained the process was unfair because it was not transparen­t.

In an e-mailed statement, an Amazon spokespers­on said: “We have an appeals process where sellers can explain how they will prevent the violation from happening in the future or let us know if they believe they were compliant.”

If merchants are so reliant on Amazon for sales that they were unwilling to offer better prices on other platforms like Walmart and EBay, that could hurt competitio­n, said Diana Moss, president of the American Antitrust Institute, a nonprofit that advocates for aggressive antitrust enforcemen­t.

“That really is the central question in an inquiry like this, and that’s why Amazon downplays its market power,” she said.

 ?? /AFP ?? Economic control: Amazon is being investigat­ed by a team of Federal Trade Commission investigat­ors to determine whether the e-commerce giant is using its market power to hurt competitio­n.
/AFP Economic control: Amazon is being investigat­ed by a team of Federal Trade Commission investigat­ors to determine whether the e-commerce giant is using its market power to hurt competitio­n.

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