Insights

  • Home
  • Insights
  • German Competition Authority Fines Amazon for Allegedly Influencing Prices of Third-Party Sellers on Amazon Marketplace

Share

German Competition Authority Fines Amazon for Allegedly Influencing Prices of Third-Party Sellers on Amazon Marketplace

In a landmark ruling, the German Bundeskartellamt fined Amazon EUR 59 million ($70 million) and prohibited Amazon from discriminating against third-party sellers for offering prices Amazon deems too high. ​

February 11, 2026 Alert

On February 5, 2026, the German Federal Cartel Office (Bundeskartellamt – "FCO") prohibited Amazon.com Inc. and Amazon EU S.à r.l. (together "Amazon") from influencing the prices charged by third-party sellers on Amazon Marketplace. In addition, the FCO ordered the disgorgement of profits allegedly earned through the conduct and imposed a fine of EUR 59 million ($70 million).

According to the FCO, Amazon accounts for approximately 60% of online retail sales in Germany. Amazon operates the Marketplace platform, which enables third-party sellers to offer goods directly to end customers. At the same time, Amazon competes with these sellers through its own retail division, Amazon Retail, which offers products on the same platform.

The FCO found that Amazon deploys several price control mechanisms designed to prevent third-party sellers from offering prices that Amazon deems "too high." Where such mechanisms flag a price as too high, Amazon either removes the offer or displays it in a manner that makes it difficult for customers to find.

Emphasizing the competitive relationship between Amazon and third-party Marketplace sellers, the FCO held that such influence over third-party prices is permissible only in cases involving "excessive" pricing. (The FCO's press release does not explain when prices would be considered "excessive," however.) The authority expressed concerns that, absent intervention, Amazon could control price levels on the Marketplace, thereby strengthening its market position to the detriment of other online retailers. It also warned that third-party sellers might be forced to offer prices that do not cover their costs. The FCO further criticized Amazon's price control mechanisms as non-transparent.

The FCO qualified Amazon's conduct as an abuse under both:

  • Section 19a(2) GWB, the special regime applicable to undertakings of "paramount significance for competition across markets"; and
  •  The general abuse of dominance rules under Section 19 GWB and Article 102 TFEU.

The decision is not yet final. Amazon may lodge an appeal, which would be heard directly by the Federal Court of Justice (Bundesgerichtshof).

Insights by Jones Day should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information purposes only and may not be quoted or referred to in any other publication or proceeding without the prior written consent of the Firm, to be given or withheld at our discretion. To request permission to reprint or reuse any of our Insights, please use our “Contact Us” form, which can be found on our website at www.jonesday.com. This Insight is not intended to create, and neither publication nor receipt of it constitutes, an attorney-client relationship. The views set forth herein are the personal views of the authors and do not necessarily reflect those of the Firm.
You May Also Be Interested In

February 18, 2026 Newsletters

EU Geopolitical Risk Update - Key Policy & Regulatory Developments No. 125

February 06, 2026 Commentary

No Blankets Allowed: EC Rejects CMA's Full-Immunity Damages Approach as Asian Companies Reengage with the Cartel Leniency Program

February 03, 2026 Commentary

Special Delivery: DOJ and USPS Announce First-Ever Payday Under Cartel Whistleblower Program

January 28, 2026 Alert

EMA and FDA Align on Good AI Practice in Drug Development

Before sending, please note:

Information on www.jonesday.com is for general use and is not legal advice. The mailing of this email is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Anything that you send to anyone at our Firm will not be confidential or privileged unless we have agreed to represent you. If you send this email, you confirm that you have read and understand this notice.