Lina Khan Profile picture
Sep 26 14 tweets 3 min read Twitter logo Read on Twitter
1. Today @FTC and 17 state AGs filed a lawsuit detailing how Amazon uses punitive & coercive tactics to unlawfully maintain its monopolies. Amazon is exploiting its monopoly power to enrich itself while raising prices & degrading service for its customers.
ftc.gov/news-events/ne…
2. The complaint details a set of allegations spanning a variety of unlawful tactics by Amazon.

Amazon deploys all of these tactics to pursue a common overarching goal: deprive rivals of the scale needed to meaningfully compete against Amazon.

assets.bwbx.io/documents/user…
3. A critical mass of customers is key to powering what Amazon calls its “flywheel.” Controlling access to significant shopper traffic allows Amazon to draw more sellers—and benefit from the accelerated growth that network effects & scale economies can fuel.
4. The biggest threat to Amazon’s monopoly would be for a rival to attract its own critical mass of dedicated customers. Rivals able to build a sizable base of either shoppers or sellers could spin up their own “flywheels,” overcome barriers & achieve the scale needed to compete.
5. Having gained its own critical mass of both shoppers and sellers, Amazon set out to deny both current and would-be rivals the ability to do the same.

The complaint identifies two sets of tactics Amazon deploys to suppress competition and maintain its monopolies.
6. One is a set of anti-discounting tactics that Amazon deploys to punish sellers or retailers that dare to discount. Amazon’s sanctions prevent rivals from being able to grow by competing on price. Sellers then face fewer options & higher fees, and shoppers face higher prices.
7. The second tactic is a coercive scheme Amazon uses to effectively require that sellers use its fulfillment service, FBA. If a seller doesn’t use FBA, that seller effectively disappears from Amazon’s storefront—and FBA can only be used to fulfill products on Amazon.
8. This tactic significantly raises the cost of multihoming, where sellers could use a variety of channels and reduce their dependence on Amazon. Multihoming can be an especially critical mechanism of competition in online markets, enabling rivals to overcome barriers to entry.
9. Amazon caught a glimpse of this universe when it temporarily relaxed its coercive conduct & opened up "Seller Fulfilled Prime." SFP was immediately popular with sellers and shoppers—but Amazon saw it as a threat to its monopoly power and then resumed the coercive tie.
10. Having sealed itself off from competition, Amazon is now exploiting its monopoly power to harm its customers: the tens of millions of American families that shop on its platform and the hundreds of thousands of sellers that rely on Amazon to reach them.
11. Amazon has hiked so steeply the fees it charges sellers that it now reportedly takes around *half* of every dollar from a typical seller that uses FBA. Amazon now also litters its storefront with pay-to-play ads that steer shoppers to less relevant and more costly products.
12. In a competitive world, Amazon's decision to hike prices and degrade services would create an opening for rivals to draw business, gain momentum, and grow. But Amazon's monopolistic strategy closes off that possibility.
13. Through its years-long course of illegal conduct, Amazon has deeply entrenched its monopolies & further widened the gulf between Amazon and everyone else. Each tactic amplifies the force of the rest, in a self-reinforcing cycle of dominance and harm.
14. Our lawsuit asks the Court to put an end to Amazon's illegal course of conduct, pry loose Amazon's monopolistic control, deny Amazon the fruits of its unlawful practices, and restore the lost promise of competition.

assets.bwbx.io/documents/user…

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More from @linakhanFTC

Sep 21
1. Today @FTC sued U.S. Anesthesia Partners (USAP) and private equity firm Welsh Carson for engaging in a roll-up scheme to monopolize anesthesiology markets in Texas and drive up prices for patients and businesses.

ftc.gov/news-events/ne…
2. The scheme was multi-pronged. First, USAP and Welsh Carson pursued serial acquisitions to buy out nearly every large anesthesiology practice in Texas. This included practices in Houston, Dallas, San Antonio, Austin, Amarillo, and Tyler—spanning 1,000 doctors and 750 nurses.
3. With each purchase, USAP would raise the acquired group's prices. As a result, Texans pay millions of dollars more each year than they did before Welsh Carson created USAP and pursued this unlawful scheme. Image
Read 7 tweets
Jul 18
1. I was grateful to have the chance last week to meet with @WGAEast members to learn about the challenges they face and the role that consolidation and vertical integration have played in enabling the business practices now prompting writers to strike.
2. Writers note that a wave of mergers, coupled with the advent of streaming, have transformed what used to be open markets—with many studios, networks, & theaters—into a set of walled gardens. They say this model worsens pay & terms for writers and worsens content for viewers.
3. @WGAWest wrote in a comment to @FTC, "The creation of these gatekeepers limits competition and opportunities for writers. In media, large employers have the power to hold down wages and set terms for content creation..." wga.org/uploadedfiles/…
Read 9 tweets
Jun 21
1. @FTC has taken action against @amazon for tricking users into signing up for Prime subscriptions—and then deliberately making it hard to cancel. We charge that these deceptive tactics violate the FTC Act and the Restore Online Shoppers’ Confidence Act. ftc.gov/news-events/ne…
2. The complaint details how Amazon sought to thwart users who tried to cancel their subscriptions. Internally Amazon called this process the “Iliad Flow”—analogizing the cancellation process to the epic tale of a brutal war.
ftc.gov/system/files/f…
3. The complaint also notes that Amazon’s counsel stonewalled the @FTC’s investigation through misdirection and delay. The extent of Amazon’s obstruction became clear after an insider leaked documents to Business Insider.
businessinsider.com/amazon-prime-f…
Read 5 tweets
Mar 23
1. @FTC is proposing a rule to ban deceptive business tactics designed to trick or trap consumers into paying for unwanted subscriptions. The proposal would mandate “click to cancel,” requiring firms to make it as easy to cancel as they make it to sign up.
ftc.gov/news-events/ne…
2. The proposal states that if consumers can sign up for subscriptions online, they should be able to cancel online, with the same number of steps. If consumers can open an account over the phone, they should be able to cancel it over the phone, without endless delays.
3. The proposal would also prohibit firms from tricking consumers into signing up for subscriptions in the first place, requiring businesses to clearly disclose key terms before collecting billing information, and to get separate consent before charging them.
Read 9 tweets
Mar 16
1. Social media platforms have become a key vector for fraud, where scams and deceptive ads proliferate.

Today @FTC voted out orders requiring @Meta, @tiktok_us, @YouTube, and others to produce information about their role in policing this fraud.

ftc.gov/news-events/ne…
2. We know that platforms are designed to amplify and personalize content, making it easy for scammers to spread false claims and target susceptible consumers.

In 2021 alone, Americans lost $770 million to fraud initiated on social media.

ftc.gov/business-guida…
3. @FTC analysis has consistently shown that social media has become a gold mine for a range of fraudsters, from those peddling crypto scams and fake COVID treatments to bogus investment opportunities and romance scams.

ftc.gov/news-events/da…

ftc.gov/news-events/da…
Read 5 tweets
Jan 5
1. One in five US workers is bound by a noncompete clause, which restricts them from freely switching jobs, lowering wages and undermining fair competition.

Today @FTC proposed a rule to prohibit firms from imposing noncompete clauses on their workers.
ftc.gov/news-events/ne…
2. Noncompetes undermine core economic liberties. Evidence suggests noncompetes also suppress earnings and opportunity even for workers who are *not* subject to a noncompete. FTC economists estimate that noncompetes lower US workers’ collective income by $250-$296 billion.
3. Evidence shows that noncompetes also reduce innovation, entrepreneurship, and new business formation. Locking workers in place can enable incumbents to close off markets to new rivals, undermining dynamism and healthy competition.
Read 10 tweets

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