Douglas Farrar Profile picture
Nov 2, 2023 15 tweets 5 min read Read on X
🧵Thanks to FTC staff, previously redacted info on why Amazon is an illegal monopolist is now out! Here’s some of what’s new in a big thread 👇🏻 1/15
Amazon pursues a pay-to-play scheme forcing sellers to buy ads. Worse, many of these ads are junk ads that aren’t relevant to what users search for. Jeff Bezos and co. call these Junk Ads “defects,” and sellers pay big bucks for them. 2/15 Image
These ads do two things. First, they make the customer experience much worse, which is why you might search for “water bottles” and end up with offers to buy “buck urine” 🤢 3/15 Image
They know this harms consumers, but they don’t care because maximizing advertising profit at all costs “has effectively become ‘law’ even if it has many flaws” according to a senior Amazon executive 4/15 Image
The second thing all of Amazon’s ads do is raise prices for consumers. Sellers are forking over big money in a pay-to-play scheme. That cost goes directly to you according to Amazon’ own executives. 5/15 Image
Amazon’s own economists even pointed out that by flooding search results with paid ads, Amazon steers shoppers towards higher-priced products and makes comparison shopping harder on the platform 6/15 Image
By the way, you as you can see above Amazon is still trying to keep some of the material in the complaint out of the public eye... 7/15
Amazon is really excited about how much money these ads are earning them by the way. In their Q3 report last week they said that revenue from ads grew 25%, which is faster than AWS 8/15

axios.com/2023/04/28/ama…
Amazon harmed price competition in other ways too. Former Amazon exec Jeff Wilke came up with the idea for an algorithm to avoid a “perfectly competitive market” where Amazon’s rivals lower their prices! 9/15 Image
Those foolish enough to compete with Amazon by lowering prices met the full force of Amazon's monopoly power. Take Jet dot com, which tried to compete by lowering seller fees. 10/15 Image
Amazon also harms competition and extracts monopoly rents from sellers by requiring them to use Fulfilled By Amazon to have Prime eligibility. They once launched a program called Seller Fulfilled Prime which was a huge hit 11/15 Image
Amazon shut SFP down because they said deliveries weren’t on time. But new info today shows sellers using SFP met the delivery requirement set up by Amazon more than 95% of the time. 12/15 Image
This freaked Amazon out. One Amazon exec said splitting Prime eligibility from FBA was an “oh crap” moment. 13/15 Image
Another one said a growing third-party logistics marketplace “keeps me up at night” 14/15 Image
There is plenty more I didn’t cover. And you can view all the newly unredacted material at the link below, thanks to the heroic work by the FTC attorneys working on this huge case. 15/15
ftc.gov/legal-library/…

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More from @DouglasLFarrar

Jan 6
As Lina Khan’s tenure as FTC Chair winds down, let’s take a last look at her court record on mergers.

Under Khan, the Biden FTC has an overall merger litigation win percentage of *93.75%*

Data and methodology thread below 1/5
Litigations included.
2/5 Image
Methodology.
3/5 Image
Read 5 tweets
Dec 12, 2024
The FTC just announced it’s suing the largest distributor of booze for violating the Robinson-Patman Act.

There is a lot of confusion about RPA, so I’m going to explain RPA using a simple, common-sense formula: Enforcement = Choice = Lower prices
🧵
ftc.gov/news-events/ne…
What is RPA? It’s simple: the law says no company should get secret deals or special discounts that aren’t available to other companies.

It was used from 1936 until the 80s when some unelected bureaucrats decided they didn’t want to enforce it anymore.
subscriber.politicopro.com/article/2022/0…
RPA haters say that the law is a ban on volume discounts.

This is wrong, but you will see a lot of takes about how the law “targets companies negotiating for low prices.”

Instead let's just use common sense when thinking about markets. Image
Read 8 tweets
Jul 9, 2024
The FTC just released an interim report on pharmacy benefit managers, the dominant middlemen who hike the cost of prescriptions, including overcharging patients for cancer drugs. 1/13
PBMs are highly concentrated and vertically integrated across the pharma supply chain. The below image shows their corporate structures, and the percentages of prescriptions filled in the US. 2/13 Image
Let’s start with how they use their pharmacies. If you decide where patients get drugs and what they pay, but you also own pharmacies, that creates conflicts of interest and chances to game the system. 3/13
Read 13 tweets
May 2, 2024
The FTC filed a redacted complaint in the Exxon/Pioneer deal, which you can see at the below link.

It includes serious allegation of collusion to raise prices on Americans at the gas pump in order to pad the profits of fossil fuel companies. 🧵1/4

ftc.gov/system/files/f…
Former Pioneer CEO Scott Sheffield would often publicly signal to American producers that they should hold back pumping more oil and gas in order to keep prices high.

But the FTC alleges he also conducted a private campaign directly with OPEC officials. 2/4 Image
The FTC has subpoena powers, and during the investigation FTC staff uncovered what appears to be a lot of attempted collusion with key oil market players. 3/4 Image
Read 4 tweets
Jan 29, 2024
In an interview on @SquawkCNBC this morning FTC Chair Lina Khan was asked about the 1900 employees fired by Microsoft following their merger with Activision Blizzard... 🧵1/9

cnbc.com/2024/01/29/cnb…
Image
These layoffs shouldn't surprise anyone. Even when workers are unionized, these mega mergers often lead to mass layoffs. But let's talk about why Chair Khan correctly said that these layoffs aren't just, "bad for workers, but also bad for consumers and the market as a whole." 2/9
Let's say among these 1900 fired people is the next great video game designer. She may already have an idea for a blockbuster game, the kind of AAA, iconic video game title that everyone wants to play. 3/9

en.wikipedia.org/wiki/AAA_(vide…
Read 9 tweets
Dec 20, 2023
Last month, the FTC warned pharma companies for using improper patents to block generics from the market for products like asthma inhalers—competition that could lower drug prices for Americans who need these meds. They had 30 days to respond... 1/6

nytimes.com/2023/09/14/bus…
Inhalers have been on the market for decades, but they still cost hundreds of dollars a month due to a lack of competition. Generic asthma/COPD inhalers only have a 53% generics utilization rate (Gx). Compare that to the Gx and cost of antihyperlipidemics (cholesterol pills) 2/6 Image
The FTC thinks the high prices are partly due to patent abuse in the FDA's “Orange Book.”

Basically Pharma companies file pointless patents that have nothing to do with the actual medicine patients take, and get 30 months of automatic protection from generic competition. 3/6
Read 6 tweets

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