FTC/Amazon Antitrust Updates On May 23, both the Federal Trade Commission (FTC) and Amazon filed opposition to the American Booksellers Association’s Motion to Intervene. In its opposition brief, the FTC argued: “The American Booksellers Association may well have legitimate claims against Defendant Amazon.com but its claims are different from those in this case.” The FTC argued that ABA’s members do not have a “protectable legal interest” in the case.
“Suffice it to say, ABA and our counsel believe the opposition to be unwarranted and will so inform the court,” said David Grogan, ABA's Director of Advocacy and Public Policy. 21st Century Antitrust Act Last week, the New York State Assembly and Senate took important steps to level the playing field for small businesses by advancing the 21st Century Antitrust Act (NY S 6748), sponsored by Sen. Michael N. Gianaris (D-12). The bill would usher in reforms to the state’s existing antitrust laws and would place New York at the forefront of a movement to rein in corporate power and create a fair, open marketplace for independent businesses. “We believe the 21st Century Antitrust Act is a strong first step in renewing antitrust enforcement and leveling the playing field for the thousands of independent businesses in New York,” said ABA CEO Allison Hill. “For too long, monopolistic companies such as Amazon have wielded their market dominance and concentrated power to box out small businesses and harm consumers. The New York Senate and Assembly should pass this legislation to help restore free and fair competition in New York State.” The legislation updates, expands, and clarifies antitrust laws due to a “great concern with the growing accumulation of power in the hands of dominant corporations that harms our marketplace, our democracy, and that undermines the power of workers, consumers, and small businesses.” The law notes that unilateral actions which seek to create a monopoly or monopsony are as harmful as contracts or agreements of multiple parties to do the same and should be treated similarly under the law. It allows any person harmed, directly or indirectly, by the actions of dominant firms to bring suit. |
