FTC/Amazon Antitrust Updates Less than 72 hours after the American Booksellers Association (ABA) filed a reply brief in response to the Federal Trade Commission (FTC) and Amazon, US District Court Judge John H. Chun tossed ABA’s Motion to Intervene. In a one-paragraph ruling, Chun dismissed ABA’s motion “for reasons presented by plaintiffs…and defendant.” ABA CEO Allison K Hill said, “We firmly believe that booksellers have a stake in the outcome of the FTC’s case. At this stage, we are considering all our legal options.” On May 23, both Amazon and the FTC filed opposition briefs in response to ABA’s attempt to intervene in the FTC’s suit. On Friday, May 31, ABA submitted its reply brief in response to the Federal Trade Commission and Amazon in the FTC’s suit against Amazon.
In its reply brief, ABA refuted arguments that its claim is somehow not sufficiently related to any of Plaintiffs’ claims in this case, stressing that “ABA’s motion expressly incorporated by reference Plaintiffs’ Sherman Act claims as the basis for ABA’s claim in this case.” The reply brief also points out: “Plaintiffs allege that Amazon has monopoly power in the online superstores market and has unlawfully maintained such power through exclusionary conduct designed to prevent third-party sellers from competing with Amazon Retail on any competing superstore platform. ABA members include actual and potential third-party sellers of books on competing superstore platforms.” 21st Century Antitrust Act In other antitrust news, ABA continues to urge New York State booksellers to reach out to their state lawmakers and urge them to support 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. You can visit BookWeb to quickly adapt and send a letter to your lawmakers and the governor. |
