[HN Gopher] FTC sues Amazon for illegally maintaining monopoly p...
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       FTC sues Amazon for illegally maintaining monopoly power
        
       Author : marcopolis
       Score  : 675 points
       Date   : 2023-09-26 16:10 UTC (6 hours ago)
        
 (HTM) web link (www.ftc.gov)
 (TXT) w3m dump (www.ftc.gov)
        
       | jupp0r wrote:
       | I find the premise that Amazon has a monopoly to be pretty far
       | fetched. I order goods online from various shops all the time.
        
       | pmarreck wrote:
       | I don't like it, but I kind of don't blame them because it's,
       | frankly, a rational act.
       | 
       | Everyone vies for control/power. Once you have control, you can
       | exert pressure to get more from less (this is essentially what
       | "bullying" is). There's nothing (but any laws set up to
       | counteract this) stopping you, so you do it, because relative to
       | you, there's only upside. Can you really blame these entities for
       | taking advantage?
       | 
       | Literally, the thing we all want more of (success and control),
       | will turn us into bullies. Veeeeery few people, or companies, get
       | to that point and then continue to "play fair", at least
       | completely. So we set up the system with rules we think will
       | limit this, but it's not perfect, so rules get exploited.
       | 
       | In games (which are systems and sets of rules), one of the most
       | fun things is to discover an "exploit". Sometimes this comes from
       | a developer oversight, sometimes this comes from rule complexity
       | leading to unexpected states, sometimes from bugs. I remember
       | figuring out how to get an extra enchant on a weapon in
       | Neverwinter Nights (I somehow got 1 past the supposed limit) and
       | how fun that felt. But there was no cost to other people in doing
       | this. (At worst, if I found too many exploits, the game would
       | stop being fun due to not being challenging, and I would just
       | "cheese" through it.)
       | 
       | Amazon is a bully that is cheesing its way through the rules, at
       | some unknown but probably large success cost to many other people
       | vying for the same control. Perhaps it's time to dismantle the
       | bully dominating the schoolyard lunches.
        
       | atlasunshrugged wrote:
       | Merits of this specific case aside, I find it really interesting
       | that the FTC is going after Amazon now. They have pretty limited
       | resources (especially relative to a massive tech co which can
       | pour money into litigation) and have to pick and choose their
       | battles carefully... I have to admit I'm a little frustrated that
       | they're choosing to go after Amazon, which yes, imo the case
       | definitely has merits and they do shady stuff like with dark
       | patterns for trying to cancel accounts and the like, but there
       | are so many other things more important to my life that seem
       | broken that I wish the FTC would prioritize. How about more of a
       | focus on insurers who refuse claims, drug companies flouting the
       | law, PE firms jacking up the cost of housing or contractors
       | gouging the government (and therefore all of us)?
        
         | janmo wrote:
         | There are many insurers, so this would mean many cases.
         | 
         | There is only one Amazon and I am sure the FTC is receiving a
         | ton of complaints against them.
        
           | atlasunshrugged wrote:
           | I'm not sure I track. Sure there's only one Amazon, but there
           | are a few major e-commerce providers (Shopify has been
           | mentioned often, but also Walmart and other major) and more
           | traditional retailers that compete with them.
        
         | bogwog wrote:
         | The FTC is bringing a lot of cases, not just the few big ones
         | like this that make headlines. The DOJ also brings antitrust
         | cases.
         | 
         | See:
         | 
         | * FTC: https://www.ftc.gov/legal-library/browse/cases-
         | proceedings
         | 
         | * DOJ: https://www.justice.gov/atr/antitrust-case-filings
        
           | atlasunshrugged wrote:
           | I know, and I applaud the one they recently filed against
           | Anesthesia Partners which is directly at the intersection of
           | PE and healthcare, but they do have limited resources and
           | have to make tough choices about cases they bring and ones
           | they don't, and I wish they would focus on ones that are more
           | impactful for my life (e.g., healthcare, education, housing)
           | than marginal ones like Amazon or the one against Meta
           | acquiring a VR company. I understand their rationale and am
           | generally supportive, I just disagree with the
           | prioritization.
        
         | dragonwriter wrote:
         | > How about more of a focus on insurers who refuse claims, drug
         | companies flouting the law, PE firms jacking up the cost of
         | housing or contractors gouging the government (and therefore
         | all of us)?
         | 
         | Those aren't FTC issues regardless of merits, so they don't
         | factor into FTC priorities. The first is mostly state insurance
         | regulators, the second doesn't seem to be a violation of
         | existing law (though it might be a _legislative_ issue, mostly
         | at the state or local level like most land use issues), the
         | third is for the inspector-general or similar authority of the
         | agency employing the contractor.
        
           | atlasunshrugged wrote:
           | I'm not sure I agree but IANAL. Doesn't the fact that the FTC
           | recently filed a case against a PE firm buying up anesthesia
           | clinics and using that to jack up prices run counter to the
           | example of the cost of housing? Or for contractors gouging
           | the gov, my understanding is that PE firms have rolled up
           | small defense contractors and then used monopoly power to
           | gouge the government. That seems pretty firmly in their
           | jurisdiction.
           | 
           | https://www.ftc.gov/legal-library/browse/cases-
           | proceedings/2...
        
             | dragonwriter wrote:
             | > Doesn't the fact that the FTC recently filed a case
             | against a PE firm buying up anesthesia clinics and using
             | that to jack up prices run counter to the example of the
             | cost of housing?
             | 
             | If you can find a _single_ private equity firm doing that
             | to a functionally bounded market to secure a monopoly on,
             | say, rental housing, sure.
             | 
             | But that isn't the complaint I've heard about PE effects on
             | housing markets.
        
               | atlasunshrugged wrote:
               | Ah, that makes sense, thanks!
        
         | hrdwdmrbl wrote:
         | > PE firms jacking up the cost of housing
         | 
         | They're just profiting off of a supply shortage. Fix the
         | shortage and they won't be able to make money.
        
       | josh_carterPDX wrote:
       | I hope this works. There hasn't been a big monopoly break up
       | since the 1982 break up of AT&T. And with this conservative
       | supreme court, I'm not holding my breath that this will actually
       | go through.
        
       | talent_deprived wrote:
       | When Microsoft was accused of monopolistic behavior for
       | integrating IE into the OS IIRC it was the DOJ who went after
       | them. In this case, it's the FTC, seems like it should be the DOJ
       | to go after Amazon based on Microsoft's case.
        
       | vhiremath4 wrote:
       | Yeah I'm kinda on the fence about this. On one hand, I see the
       | case that this diminishes the open market. On the other hand,
       | Amazon is doing this all within their own ecosystem. So it's a
       | bit disingenuous for the FTC to say that this has nothing to do
       | with their size. The problem the FTC keeps skirting around on
       | anticompetitive is the fact that the internet favors power
       | differentials, so we'd have to ding any company that has massive
       | market distribution and tweaks their platform to favor
       | participants exclusively on their network
       | 
       | Network effects have not been accounted for in antitrust. That's
       | the core of the problem. Not the fact that Amazon is tweaking
       | algos. Every major player is doing that.
       | 
       | I like Jerry Chen's piece on "The New Moats" (ahead of its time
       | published in 2017) that calls out the progression of tech going
       | from systems of engagement -> systems of record -> systems of
       | intelligence. It feels like this is one (of many) consequences of
       | that progression:
       | 
       | https://news.greylock.com/the-new-moats-53f61aeac2d9
        
         | dantheman wrote:
         | I'd argue that anti-trust is a fundamentally flawed concept -
         | it's a matter of time frames, but no company without
         | significant government intervention has had a 'monopoly' for
         | more than a few years. Hell, Standard Oil was only 64% market
         | share when it was broken up.
        
           | IshKebab wrote:
           | Google has had >90% market share for decades. Windows had
           | >90% market share for several decades.
        
       | TheCaptain4815 wrote:
       | This seems extremely weak, even by recent FTC standards. Just in
       | the past 2 years we've had the following e-commerce changes:
       | 
       | - Shopify small store explosion
       | 
       | - Google search adding products DIRECTLY to the search engine
       | results
       | 
       | - LLM vs Search Engine battle. Whoever controls the LLM controls
       | the product listing.
       | 
       | - Temu & Shein exploding onto the scene. WSJ just had an article
       | on this yesterday.
       | 
       | My real annoyance with the FTC is why they refuse to go after
       | REAL monopolies that actually hurt consumers, such as Apple and
       | their closed App Store.
        
         | Spivak wrote:
         | > after REAL monopolies that actually hurt consumers, such as
         | Apple and their closed App Store
         | 
         | I find this a funny comparison because Amazon and Apple are so
         | similar in the business practices people complain about. Are
         | you sure you're not just on the supplier side of Apple and the
         | consumer side of Amazon?
        
       | adventured wrote:
       | It's not a coincidence that Bezos ran for the hills exactly like
       | the Google founders did, with the anti-trust writing on the
       | walls. Bill Gates did the same thing as well (although he stuck
       | it out a bit longer), exiting with the anti-trust heat.
       | 
       | They're all terrified of the invasive investigations and what
       | could be revealed, the scrutiny they'd be persistently under, and
       | the time demands involved (it's no doubt miserable battling the
       | government in a major anti-truist suit).
        
       | charcircuit wrote:
       | Another case of Kahn trying to go after companies for being
       | successful.
        
         | akira2501 wrote:
         | And the police are mad at cocaine dealers just for being
         | successful.
        
           | charcircuit wrote:
           | Cocain dealing is illegal.
        
       | lvl102 wrote:
       | Out of all the natural tech monopolies, Amazon is the ONLY one
       | that did the opposite of exercising market power. They actually
       | brought fast shipping to the market. A decade ago, you had to pay
       | a crap ton of money to ship things even two days. They forced the
       | incumbents such as Walmart to change. They're constantly
       | improving e-commerce. Heck they even opened up aws and created an
       | entire industry. Amazon did more to reshape commerce in the US
       | than anyone in the past two decades.
       | 
       | What more does US govt want?
        
         | lbsnake7 wrote:
         | They did all those things unsustainably so they could gain
         | market share and raise prices when people were locked in.
         | Similar to Uber and AirBnB etc. All those things are good but
         | not feasible and subsidized by the capital/venture markets. The
         | game is market share and ecosystem lock-in both from suppliers
         | and customers.
         | 
         | A truly competitive marketplace allows any supplier to easily
         | match with any customer. Suppliers gain market share by being
         | the 'best', not by being the only option.
        
         | likpok wrote:
         | Less market concentration. Lina Khan, the current head of the
         | FTC, argued before she got the job that market concentration
         | and not consumer harm was a better target for antitrust
         | enforcement.
         | 
         | Amazon _does_ exercise a fair amount of their market power. FBA
         | policies are generous to the consumer and to amazon, taking it
         | out of the third party sellers. The other classic example was
         | IIRC diapers.com which was a sharp competitor until Amazon
         | bought it and raised diaper prices. It 's possible this was all
         | a ZIRP fad, and diapers.com was burning through investor cash,
         | but still a pretty clear-cut case of consolidating market power
         | (at the time the FTC did not consider it illegal).
        
         | sschueller wrote:
         | They straight up copied products in their store an then listed
         | theirs higher in search results. There was a famous instance of
         | a bag. You can't be more monopolistic than that.
         | 
         | They also got insight into every states future plans (which are
         | secret for some reason ) when they offered to build new HQs but
         | then decided not too. This gives them a huge advantage over
         | anyone else who wants to setup a nation wide logistics service.
        
           | hrdwdmrbl wrote:
           | That's not what the word "monopoly" means though...
        
             | tristan957 wrote:
             | You don't have to have > 50% market share to be prosecuted
             | for anti-trust practices.
        
           | jessriedel wrote:
           | > They straight up copied products in their store an then
           | listed theirs higher in search results. There was a famous
           | instance of a bag. You can't be more monopolistic than that.
           | 
           | Almost every major grocery store and convenience store chain
           | does this. These are the store's generic brands, they are
           | specifically designed to be copies of the name brand, and
           | they are positioned more favorably on the shelves. (They
           | often say "compare to [name brand]".) In general, this is
           | highly beneficial to competition and the consumer.
           | 
           | If you want to make an argument that Amazon's high market
           | share makes this strategy damaging when it would otherwise be
           | good, then sure go ahead and do that. But the argument needs
           | to be specific and quantitative.
        
         | lukeinator42 wrote:
         | Along with this, I don't understand how the part of the lawsuit
         | that says "Conditioning sellers' ability to obtain 'Prime'
         | eligibility for their products--a virtual necessity for doing
         | business on Amazon--on sellers using Amazon's costly
         | fulfillment service"
         | 
         | is solely an anti-competitive tactic, because how else would
         | Amazon guarantee the fast shipping, etc. if they aren't in
         | control of the fulfilment? I thought prime is only possible
         | through amazon distributing third party products to their
         | warehouses all over so that the shipping can be so fast.
        
       | thomastjeffery wrote:
       | They only passively mentioned fulfillment.
       | 
       | The fact that Amazon owns the market _and_ fulfillment _and even
       | last-mile delivery_ is the most obvious case of _vertical
       | integration_ I have ever heard of, and I personally interact with
       | it in some way _at least once every week_!
        
         | hrdwdmrbl wrote:
         | Is vertical integration illegal?
        
           | thomastjeffery wrote:
           | Is monopoly illegal?
           | 
           | That's very nearly the same question.
        
       | runako wrote:
       | Without engaging the merits of this particular case, I do think
       | there is an interesting takeaway about which companies wield even
       | more power than Amazon (and Big Tech more generally, since Google
       | and Meta are also discussed as likely targets of similar suits).
       | 
       | Notably: health insurers. They're an oligopoly whose revenues
       | total something like 4% of US GDP. They engage in anticompetitive
       | practices, and the end result is far more consumer harm than
       | Amazon can do. (Because people generally spend a lot more on
       | health insurance premiums than they do on Amazon in a year.)
       | 
       | Similar could be written about e.g. airlines.
       | 
       | Lobbying works. Tech will eventually figure this out.
        
         | kibwen wrote:
         | The irony here is that Amazon is literally a health care
         | provider, after acquiring One Medical.
         | 
         | Break all these companies up, before we find ourselves even
         | deeper in a cyperpunk dystopia.
        
         | tqi wrote:
         | > Lobbying works. Tech will eventually figure this out.
         | 
         | Tech is well aware of this, and is spending accordingly[1].
         | However I think politics are a bigger motivating factor, and
         | taking "tech" to task is viewed as a good way to score points
         | (probably helps that legacy media views tech as direct
         | competitors, and covers them accordingly).
         | 
         | [1] https://www.cnbc.com/2023/01/23/apple-ramped-up-lobbying-
         | spe...
        
           | runako wrote:
           | They kind of get it, but are not at the magnitude yet where
           | it would be effective enough to squash these types of
           | interventions. By comparison, healthcare lobbying spends more
           | every quarter what Big Tech did in all of 2022.
        
         | joe_the_user wrote:
         | Much as I might see health insurers and private medical
         | companies in general as often bad actors, I don't think "more
         | competition" is at all a reasonable suggestion for any part of
         | the health sector. Health insurance companies naturally need to
         | be regulated - just one reason among many is that anyone could
         | take people's money, pay claims for a bit and then vanish with
         | money paid to shareholders who aren't liable for the scam. And
         | once you have an industry, health care, that must have detailed
         | state regulation, the only solution is nationalizing the
         | industry, as medicine is nationalized in most civilized
         | industrial nations.
        
       | reilly3000 wrote:
       | Even if this action turns out to be toothless, it should still go
       | a long way to shape public perception. I cancelled Prime 3 years
       | ago and really haven't looked back. I simply shop elsewhere, and
       | between Target and eBay I don't miss a thing. The Echos got
       | unplugged, the AWS certs didn't get renewed, their music service
       | got canceled. I am all out and I hope others will do the same.
       | For me this was driven by their anticompetitive behavior as well
       | as terrible treatment of staff from warehouse workers to web
       | developers. This FTC suit brings a new level of attention and
       | gravity to their insidious practices.
       | 
       | Obviously a firm that massive can't be all bad. As a consumer,
       | the only thing I have is choice in how I spend my time and
       | resources based on the information I have.
        
         | vagabund wrote:
         | I don't know, your easy access to alternatives that've let you
         | not "look back" kind of undermines the argument that they wield
         | monopolist power, doesn't it? And should FTC suits really be
         | vehicles for shaping public perception, even if, as you
         | suggest, the claims are either not defensible or don't
         | constitute violations?
        
           | reilly3000 wrote:
           | The fact that competition exists does not mean that AMZN
           | isn't engaging in anticompetitive behaviors. FTC should be
           | consistently enforcing law in their domain i.e. The Sherman
           | act of 1890 and others.
           | 
           | "Every person who shall monopolize, or attempt to monopolize,
           | or combine or conspire with any other person or persons, to
           | monopolize any part of the trade or commerce among the
           | several States, or with foreign nations, shall be deemed
           | guilty of a felony, and, on conviction thereof, shall be
           | punished by fine not exceeding $100,000,000 if a corporation,
           | or, if any other person, $1,000,000, or by imprisonment not
           | exceeding 10 years, or by both said punishments, in the
           | discretion of the court."
           | 
           | Public perception isn't their motive, I'm just cheering for
           | it. Moreover I'm glad that antitrust enforcement has ramped
           | up of late. I wish it had started sooner, I believe we would
           | have a healthier internet ecosystem if that was the case.
        
       | say_it_as_it_is wrote:
       | "anti-discounting tactics"
       | 
       | > One set of tactics stifles the ability of rivals to attract
       | shoppers by offering lower prices. Amazon deploys a sophisticated
       | surveillance network of web crawlers that constantly monitor the
       | internet, searching for discounts that might threaten Amazon's
       | empire. When Amazon detects elsewhere online a product that is
       | cheaper than a seller's offer for the same product on Amazon,
       | Amazon punishes that seller. It does so to prevent rivals from
       | gaining business by offering shoppers or sellers lower prices
       | 
       | Price competition conflated as punishment. The FTC's mandate is
       | to promote competition. Here, they attack Amazon for competing
       | effectively.
       | 
       | Also, advocating for other online superstores is playing the
       | world's smallest violin. Walmart has decimated mom and pop
       | stores. They're unable to beat Amazon at the online game. Truly
       | remarkable achievement, really.
       | 
       | Why are redactions even permitted in a lawsuit involving a
       | government agency and a corporation? Don't mention Project Nessie
       | at all if you can't tell the public what you're arguing about.
       | "Trust us, they were monopolists" isn't the same as laying out
       | the facts for all to see.
        
         | thomastjeffery wrote:
         | Buying your competition is competitive? Bullshit
        
       | wordsarelies wrote:
       | The measure of these services shouldn't be if you can sell a new
       | product and make money.
       | 
       | It should be that you can sell a cheaper, better version of an
       | Amazon basics product and overtake it.
       | 
       | If there is literally no way to do that... Amazon is clearly a
       | market manipulator.
        
       | whiddershins wrote:
       | I don't understand this point:
       | 
       | >>> For example, if Amazon discovers that a seller is offering
       | lower-priced goods elsewhere, Amazon can bury discounting sellers
       | so far down in Amazon's search results that they become
       | effectively invisible. >>>
       | 
       | This means if Amazon sees a lower price elsewhere they
       | effectively make the product unavailable on their site? Or is it
       | more complicated than that.
       | 
       | On the face of it, while I am open to the stance this is
       | monopolistic, I can naively understand why Amazon wouldn't want
       | to offer a product at a price that isn't competitive.
       | 
       | I'm sure there's more to it, can someone explain?
        
       | spandextwins wrote:
       | Where does the fine go? Seems to be a great recipe.
        
         | jdminhbg wrote:
         | Nowhere, once the FTC loses (again).
        
       | Mistletoe wrote:
       | It feels like things are getting better.
        
       | Justsignedup wrote:
       | remember that time that amazon was bleeding like 5 million a day
       | just to make sure they can destroy diapers.com? by selling
       | diapers at a loss, which was numbers that diapers.com couldn't
       | compete with given that they didn't have another business to rely
       | on, then forced diapers.com to sell to amazon because they had no
       | other option?
       | 
       | And this came out last time they were doing monopolistic
       | inquiries against amazon. Yet...
       | 
       | So I'd love to see something positive come out of it, but I have
       | my doubts.
        
         | loldk wrote:
         | That's what these discussions are for: to discover solutions
         | and obstacles.
         | 
         | Have you ever heard of the monkeys and ladder metaphor?
         | 
         | Things need to change. It's great to be skeptical, but not if
         | you're not also optimistic at the same time.
         | 
         | Monopolies are bad for many reasons, not just because arbitrary
         | "rules" or whatever you think is easily dismissed, but because
         | of the opportunity costs that even the owner of the profits
         | incurs. We're not talking about money or status or power, but
         | actual meaningful change of the total composition of their
         | culture & society and the world. They are literally preventing
         | themselves from experiencing a world that gives them everything
         | they can't have now and clamor and hurt themselves chasing
         | after. It's the ultimate irony.
         | 
         | So yes, you should have hope. There is NOT a "good" reason for
         | being a greedy parasite. People have just forgotten and/or been
         | manipulated into believing in fake power. This false faith
         | (fear) is literally what enables these fake leaders like Jeff
         | Bozos the clown to succeed.
         | 
         | Please next time contribute more to the conversation than just
         | whine.
        
         | yomlica8 wrote:
         | Apparently product dumping isn't illegal if you do it on the
         | internet. This wasn't even a fuzzy digital goods or services
         | example either.
        
           | elzbardico wrote:
           | Product dumping is not illegal if you have a national
           | newspaper that can be used to target any politician and if
           | you make sure to contribute millions and make sure your
           | employees do the same for the political party in power.
        
             | wolverine876 wrote:
             | Do you have evidence of the Washington Post doing that?
             | 
             | I know evidence the contrary: The Post is clearly on the
             | Democrat side, and it's Democrats that seek more regulation
             | and who are suing Amazon.
        
               | [deleted]
        
             | afavour wrote:
             | If Bezos were using this Washington Post for this purpose a
             | member of the newsroom would immediately leak it. It would
             | be a career defining story for that journalist.
             | 
             | The fact that we've heard nothing strongly suggests it
             | isn't happening.
        
         | btmoore wrote:
         | I do. I also remember when they were selling books at a loss,
         | and the FTC went after _Apple 's_ book store instead
        
         | duped wrote:
         | The current FTC chair wrote the ~~book~~ essay on Amazon's
         | monopolistic business practices (1) and has spoken so much
         | about it that the only reason we'd see the government take
         | their foot off the gas here is if Amazon's lawyers can claim
         | that her previous advocacy biases the case against them.
         | 
         | (1) https://www.yalelawjournal.org/note/amazons-antitrust-
         | parado...
        
       | onebot wrote:
       | Will they ever go after Ticketmaster?
        
       | coltonv wrote:
       | I'm honestly not sure how you could make the case that they
       | aren't maintaining and abusing monopoly power. I mean they
       | literally blatantly copy the designs of other companies who sell
       | on amazon, then put their own results for their own products
       | higher in search results than what they copied off of. It's
       | incredibly blatantly anti-competitive.
        
         | bmitc wrote:
         | And at what point is a company too powerful that doesn't meet
         | the traditional, and frankly outdated, view of a monopoly?
         | Amazon owns and controls entertainment, news, journalism,
         | books, movies, products, furniture, space/satellite services,
         | backend services, storefronts, medical care, pharmacies, food,
         | etc. They literally control, own, and/or provide every aspect
         | of life. Are they the only ones in each of those areas? No. But
         | they are one of the few, if not the only one, in all of those
         | areas at once.
         | 
         | Technology, and in particular software, has greatly outpaced
         | the definition of monopolistic power. Amazon and all the other
         | large tech companies wield so much power it is scary. And they
         | can literally just buy into any market they please with hardly
         | any push back.
        
         | pseudosavant wrote:
         | I get the sentiment behind this reaction that most people have.
         | I just have a hard time understanding how it is any different
         | than brick and mortar companies using their sales data to
         | determine which products they should have a store brand version
         | of. Costco, Walmart, Target, etc. all do this, and have been
         | doing it for decades.
         | 
         | At a Costco, they'll often stop selling the brand name product
         | if they introduce a "Kirkland Signature" version. Amazon
         | doesn't take down competing products when they launch Amazon
         | Basics versions.
         | 
         | Not really intending to defend Amazon, because they are
         | indefensible, but by big corporate standards, I don't see how
         | they are anywhere near as bad as Walmart. And nobody is trying
         | to break Walmart up.
        
           | dragonwriter wrote:
           | > I just have a hard time understanding how it is any
           | different than brick and mortar companies using their sales
           | data to determine which products they should have a store
           | brand version of. Costco, Walmart, Target, etc. all do this,
           | and have been doing it for decades.
           | 
           | The legal difference underlying the lawsuit between this
           | behavior by Amazon and the behavior you raise by those stores
           | is _not the behavior, but its context_.
           | 
           | Amazon, the complaint alleges, has durable monopolies in two
           | relevant markets which the behavior leverages and reinforces,
           | making it a means of illegally maintaining a monopoly.
           | 
           | The other stores _do not have monopolies_ , so the behavior
           | is not part of a system of illegally maintaining a monopoly.
           | 
           | This is very similar to the kind of discussion that happened
           | at the time of the Microsoft antitrusts suit about bundling
           | software: one of the ways Microsoft illegally leveraged their
           | Windows monopoly - in this case to monopolize other markets
           | rather than to maintain the Windows monopoly, but same kind
           | of issue - was bundling IE with Windows. People made all
           | kinds of "well, how is this different than maker A bundling
           | software X with software Y", and mostly it wasn't, except
           | that maker A didn't have and thus wasn't leveraging a
           | monopoly in the market of software X, so them bundling
           | software Y with it wasn't an issue.
        
             | symlinkk wrote:
             | Amazon does not have a monopoly on online shopping that's
             | absurd. Chewy, Wayfair, Target, Walmart, AliExpress all are
             | huge competitors.
        
               | kortex wrote:
               | We need to move away from the term "monopoly" (which may
               | not _literally_ be a _mono_ ) and towards anti-
               | competitive.
        
               | dragonwriter wrote:
               | > We need to move away from the term "monopoly" (which
               | may not literally be a mono) and towards anti-
               | competitive.
               | 
               | Anti-trust rules cover both, with a (often complex to
               | apply, because of the kinds of facts that need to be
               | analyzed, but relatively well-developed) concept of
               | "monopoly" which ultimately boils down to whether or not
               | substitution happens in practice rather than whether
               | there is exactly one firm ina descriptive market. There's
               | no need to "move away" from one to the other.
               | 
               | https://www.ftc.gov/advice-guidance/competition-
               | guidance/gui...
        
               | dragonwriter wrote:
               | > Amazon does not have a monopoly on online shopping
               | that's absurd.
               | 
               | "That's absurd" is an inadequate rebuttal to pp. 39-71 of
               | the complaint detailing the basis for the claim Amazon
               | has durable market power in two relevant markers.
        
         | zht wrote:
         | I've found that many people will spend a lot of time and energy
         | defending large companies (and often their CEOs) against
         | perceived bullying. Amazon, Tesla, Elon, Meta, etc etc. I don't
         | really understand it.
        
           | Andrex wrote:
           | The argument always boils down to "well it's allowed / that's
           | just how you do things" and when the companies get told "No,
           | that's actually not allowed and not how you should do things"
           | the argument switches to "the FTC has been weaponized by The
           | Other Side, even if they're doing pro-consumer things we
           | shouldn't trust them because Big Govt."
           | 
           | Meanwhile, we have over 100 years over antitrust history and
           | precedent pointing the other way. Sometimes Big Govt does
           | need to step in and set the market right, because raw
           | unfettered capitalism lacking regulation will always destroy
           | itself. (For the record, and to preempt some strawmen, I
           | don't think raw, unfettered socialism is The Way either.)
        
           | jsight wrote:
           | I guess I do that to some degree. Amazon is doing some bad
           | things, but I have a difficult time seeing that without also
           | seeing the good impacts that they've had.
           | 
           | I remember online retail before Amazon dominance. Return
           | policies and return shipping was a real mess. Amazon actually
           | greatly improved the customer service experience. It also
           | changed some markets in ways that were undoubtedly pro-
           | consumer.
           | 
           | It also has had a lot of negative impacts, as their model
           | (including the free shipping concept) has made it practically
           | impossible for small independent stores to compete in online
           | sales.
           | 
           | Put another way, very few things are all bad or all good. A
           | lot of internet commentary wants to magically keep the good
           | and vaporize the bad, but it just doesn't work that way.
        
           | vasilipupkin wrote:
           | and others spend a lot of time attacking large companies
           | simply because they are large. In this case, AMZN. AMZN is
           | like the cheapest place to buy things online. But it's not
           | the only place. So, why is FTC going after them?
        
             | sitzkrieg wrote:
             | well, there is an entire article highlighting each of their
             | reasons if you are so inclined
        
               | vasilipupkin wrote:
               | yeah, I am saying these reasons don't seem to make sense,
               | since AMZN is not a monopoly because other online sellers
               | exist and physical stores exist
        
             | lancesells wrote:
             | > others spend a lot of time attacking large companies
             | simply because they are large
             | 
             | This isn't the FTC's complaint but search "How Amazon
             | treats their workers" and see why large companies get
             | attacked. Typically the only way you're going to become
             | this large is by abusing people in some sort of way. Amazon
             | abuses their workers, their sellers, etc. Meta abuses their
             | users. Google abuses their users. Uber abuses their
             | drivers.
             | 
             | I would love to see 20 Amazons where half have a decent
             | quality of life for workers compared to 1 Amazon where it's
             | just awful for everyone except maybe consumers (debatable),
             | executives, and tech workers.
        
               | vasilipupkin wrote:
               | absurd. Nobody is forcing anyone to work for AMZN or
               | Google or Uber. People would simply quit if these
               | companies were actually abusing them
        
               | kmeisthax wrote:
               | Yes they are forced to work. If you don't have a job you
               | starve, that's how our economy works. That's a very soft
               | form of force (specifically, a sin of omission), but it
               | is still force.
               | 
               | Likewise, quitting your job is extremely disruptive and
               | carries risk of bankruptcy if you can't get on to another
               | employer in time. It's not simply a matter of "switch to
               | the best offer available".
        
               | vasilipupkin wrote:
               | I was alive before Uber, AMZN existed and nobody starved,
               | people just worked elsewhere, so this assertion is just
               | not true. People have to work, but they don't have to
               | work for AMZN, they didn't before it existed. Sure,
               | quitting is disruptive, but people are not actually
               | forced to work for any company, come on.
        
               | lancesells wrote:
               | You don't think the large companies that existed before
               | Amazon abused those workers? Wal-Mart never did anything
               | wrong to their workers? It's a repeating playbook.
        
               | olyjohn wrote:
               | Have you seen Uber's turnover rate? Most people do quit.
        
               | jsight wrote:
               | Search for "How Starbucks treats their workers" and see
               | why large companies get attacked too. If you search for
               | your favorite local coffee shop, you won't see such
               | complaints.
               | 
               | But go to /r/starbucks and you'll sometimes hear that a
               | lot of small shops are worse, for various reasons.
               | 
               | Large companies attract certain classes of criticism not
               | by being worse, but by being more visible. Unfortunately,
               | this actively masks some of the wrongs that they actually
               | do.
        
           | akira2501 wrote:
           | There's the old line about "temporarily embarrassed
           | millionaires."
           | 
           | I feel like Hacker News types see themselves as "temporarily
           | embarrassed monopolists."
        
             | Robotbeat wrote:
             | I mean... that's basically the business case behind many
             | tech companies, right? Build a moat.
        
             | kmeisthax wrote:
             | HN is run by a VC firm, and the explicit goal of the
             | companies they fund is to grow very big very quickly. While
             | HN's audience extends beyond that the VCs do leave behind a
             | huge imprint.
        
           | robertlagrant wrote:
           | Some people will just defend anyone or anything regardless of
           | tribalism. Just based on what they think is ethical and/or
           | factual.
        
           | takinola wrote:
           | Perhaps they have a different opinion than you do on the
           | issue?
           | 
           | I don't have a POV on this particular case but it seems
           | reasonable to assume that there are other (reasonable) people
           | that have different values and judgements than you do. Just
           | because these companies and CEOs have a lot of resources
           | should not automatically kick in the "David v Goliath"
           | instinct that most people have
        
             | jstarfish wrote:
             | > Just because these companies and CEOs have a lot of
             | resources should not automatically kick in the "David v
             | Goliath" instinct that most people have
             | 
             | David vs. Goliath was a story about overcoming subjugation
             | and oppression. A lot of people have been very much put-
             | upon by the metaphorical Goliath here in a number of ways.
             | There are piss bottles available as evidence.
        
               | mindslight wrote:
               | I'm amazed at how much the idea of pissing into a bottle
               | offended the sensibilities of journalists. Given a choice
               | between pissing in bottles or having the time saved as a
               | longer lunch break, I'd guess most would chose the lunch
               | break. The never ending screw turning cost optimization
               | is the problem, but using that example lands really flat.
        
               | burkaman wrote:
               | Why would anybody need to make that choice?
        
               | mindslight wrote:
               | Why do people have to make choices of how to spend their
               | time? Because there is a finite amount of time in any
               | given period, and most activities are mutually exclusive.
        
               | burkaman wrote:
               | No, why are they forced to make this specific choice? Why
               | would they need to deduct time from their lunch break in
               | order to use the bathroom? Using the bathroom and eating
               | lunch are not normally mutually exclusive activities,
               | unless there is a third party enforcing such an
               | exclusion.
        
               | mindslight wrote:
               | Sorry, we might be talking past one another. When I hear
               | about peeing in bottles, I think of the delivery drivers.
               | This is the obvious place bottles would get used, and in
               | my recollection this was most of the reporting on the pee
               | bottles. I believe there was also reporting on workers in
               | the brick and mortar fulfillment center using bottles to
               | meet their quotas, which is perhaps what you are talking
               | about.
               | 
               | For delivery routes, there's no simple solution for
               | bathroom access (unless you want to talk about installing
               | some step up from a "bottle" in all the vans). Meaning a
               | driver will inevitably have to choose to spend time not
               | delivering packages to leave the van and use an indoor
               | bathroom.
               | 
               | If you are talking about the workers at the fulfillment
               | centers, I do agree that is indefensible. That human need
               | should be entirely owned by the business. If it takes
               | workers too long to walk to the bathroom, or if Amazon
               | insists on using time with security lines and whatnot,
               | that's entirely on Amazon.
               | 
               | (Also to each their own, but using the bathroom and
               | eating lunch are definitely mutually exclusive activities
               | for me)
        
               | jstarfish wrote:
               | > The never ending screw turning cost optimization is the
               | problem, but using that example lands really flat.
               | 
               | I worked in logistics (elsewhere) for a decade, and quit
               | when conditions shifted to incentivize smoking meth and
               | pissing in jugs. It's abusive and just fucking gross.
               | 
               | I assume _you_ aren 't pissing in jugs to save time for
               | longer lunch breaks. Why not?
               | 
               | Nobody pisses in jugs unless _they 're forced to._ The
               | example only falls flat because Bezos escaped the gravity
               | well in his dick-rocket and it's really fucking hard to
               | hurl bottles of piss into space with a sling.
        
               | mindslight wrote:
               | See my comment below. I'm talking about delivery drivers.
               | You might be talking about fulfillment centers.
               | 
               | I disagree that nobody would voluntarily choose to pee in
               | a bottle in the context of driving a delivery vehicle.
               | But I do agree that the behavior in the context of being
               | in a building that has a bathroom is a sign that
               | something is horribly wrong.
        
           | browningstreet wrote:
           | You're allowed to win.
           | 
           | You're not allowed to complain.
           | 
           | I think that's a very American thing right now... politically
           | too.
           | 
           | But downstream, there are lots of issues that arise if one
           | can't expect some kind of balance in check-n-balances.
        
           | megaman821 wrote:
           | Is this supposed to be an argument or something? Malign
           | people with large companies, and then tell them their
           | opinions don't matter.
           | 
           | Tribal thinking is the worst. You added nothing of value to
           | the conversation.
        
         | hinkley wrote:
         | I ate a lot of popcorn during the Microsoft trials - plural -
         | and the received wisdom from previous generations that was
         | already being forgotten at the time is this bit of torch-
         | passing, which I now impart to you.
         | 
         | Anti-trust cases usually only succeed once the court of public
         | opinion has turned against the monopolist. If the public is
         | still in favor or ambivalent, then you will not find the
         | political will to successfully prosecute your case.
         | 
         | But once the company has abused their power enough to turn the
         | public against them (arrogance in addition to greed), then the
         | charges tend to stick.
         | 
         | My read is that there is no amount of lobbying that can be
         | successful once the pitchforks have come out. But it could also
         | be how many whistleblowers you can hunt up. Once your brother
         | is giving you shit for working for the Evil Empire, it's a lot
         | easier to get up the courage to be a witness.
        
           | dhimes wrote:
           | IIRC Microsoft lost in Europe, not in the US.
        
         | jrochkind1 wrote:
         | To "make the case that they" are or aren't violating antitrust
         | law, you need to know and talk about antitrust law.
         | 
         | To not be sure how someone can make either case, without being
         | familiar with antitrust law and framing the discussion in terms
         | of it, is only to be expected.
         | 
         | I came to HN hoping to see some legal analysis, but I guess
         | that's not what HN is for. You can get good technical
         | discussion of technology, but when it comes to legal technical
         | stuff it's just ideology and people talking about how they
         | think things should be. What's HN for lawyers?
        
         | fallingknife wrote:
         | Grocery stores do this all the time and undercut brand names.
         | They even put up signs with "compare to <brand name>" by the
         | generic. I'm really not sure how you could make the case that
         | it isn't legal given that it is a long standing and accepted
         | practice, and is clearly beneficial to the consumer.
        
         | HDThoreaun wrote:
         | Don't all grocery stores do this?
        
           | TonyTrapp wrote:
           | Often store-branded articles are in fact produced in the same
           | factory as the original brand products. It's not quite the
           | same.
        
             | wordsarelies wrote:
             | It's going to come out that Amazon calls the manufacturers
             | for their basics goods, sends them the leading competing
             | item and has them make it with slightly less expensive
             | components to undercut the cost of the competitor.
             | 
             | It's so blatantly obvious if you've ever done a side by
             | side in things like lamps, backpacks etc and other super
             | simple designs.
        
               | lotsofpulp wrote:
               | Walmart has been doing that for decades. And they
               | probably were not the first. It is not a novel strategy.
        
               | autoexec wrote:
               | And Walmart has been repeatedly sued for doing it, just
               | like Amazon is being sued now.
        
               | jsight wrote:
               | My biggest issue with the way Wal-Mart (and most other
               | retail) did it is that it was... scammy.
               | 
               | Want an HDMI cable? Here's an overpriced Monster cable.
               | Oh, don't want to pay absurdly high prices? Save money by
               | buying one that is only 300% more than it should be
               | instead of 400%!
               | 
               | The nice thing about Amazon was that it broke this model.
               | Suddenly you could buy Anker or (insert small third party
               | here) at very reasonable prices.
               | 
               | Amazon destroying those competitors is doing some damage
               | to this, though.
        
               | htrp wrote:
               | > It's going to come out that Amazon calls the
               | manufacturers for their basics goods, sends them the
               | leading competing item and has them make it with slightly
               | less expensive components to undercut the cost of the
               | competitor.
               | 
               | They won't need to even call. Most FBA product listing
               | inventory can be received directly from the factory (so
               | Amazon knows exactly where it's made) and they can just
               | go to the factory and offer to do 10x the volume for the
               | exact same item (at a much higher discount).
        
           | travoc wrote:
           | Grocery stores are not a monopoly.
        
             | 2023throwawayy wrote:
             | In Denver they are. I imagine other places too.
             | https://kdvr.com/news/local/kroger-albertsons-king-
             | soopers-s...
        
               | lotsofpulp wrote:
               | I do not see the purpose of excluding Walmart from
               | "grocery store" when it sells the most groceries in the
               | nation. Costco and Target are also sell huge amounts of
               | groceries.
        
             | lotsofpulp wrote:
             | Neither is Amazon. Aliexpress, Walmart, Newegg are direct
             | competitors selling cheap crap.
             | 
             | Then there is Target/Home Depot/Lowes/Staples/Costco/Best
             | Buy/etc
        
               | yomlica8 wrote:
               | Doesn't Amazon prevent you from selling on other stores
               | for a lesser price? I always thought that was a galling
               | scam and couldn't understand why it was even allowed at
               | all.
        
               | dragonwriter wrote:
               | > Neither is Amazon
               | 
               | The lawsuit that is the subject here details Amazon's
               | durable monopoly power in two markets.
               | 
               | But, yes, if Amazon did not have a monopoly, it could
               | not, obviously, be illegally maintaining a monopoly.
        
             | jlmorton wrote:
             | Pretty close!
             | 
             | Albertsons owns: Acme Markets, Safeway, Haggen, Jewel-Osco,
             | Kings, Pavilions, Plated, Randalls, Shaw's, Tom Thumb,
             | United Supermarkets, and Vons
             | 
             | Kroger owns: Baker's, City Market, Dillons, Food 4 Less,
             | Foods Co., Fred Meyer, Fry's, Gerbes, Harris Teeter, JayC,
             | King Soopers, Kroger, Mariano's, Metro Market, Pay Less,
             | Pick 'n Save, QFC, Ralphs, Ruler Foods, Smith's
             | 
             | And now Albertsons and Kroger are merging together into one
             | gigantic holy-shit mega corp.
        
               | ecshafer wrote:
               | That seems far from a monopoly. Only 2 of those I have
               | ever been to, and the common places I go: wegmans,
               | costco, aldi, trader joes are all not on there.
        
               | travoc wrote:
               | Not even close. Combining all those brands results in a
               | 13.5% market share.
        
               | dragonwriter wrote:
               | Groceries aren't a single national market, and its quite
               | likely that such a merger would both create both
               | monopolies and monopsonies.
               | 
               | Its also quite likely that the big grocery merger won't
               | happen as planned for that reason.
        
               | loeg wrote:
               | Albertsons + Kroger is like 90% of the market in Seattle,
               | where I live, though.
        
               | dublinben wrote:
               | That doesn't seem likely. According to this source, Frey
               | Meyer (18.4%) + Safeway (17.3%) would be the clear market
               | leader with over 35%, but there's still robust
               | competition from Costco, Walmart, and others.
               | 
               | https://www.axios.com/local/seattle/2023/04/24/seattle-
               | favor...
        
               | loeg wrote:
               | Note that Fred Meyer (18.4) and QFC (14.1) are already
               | both owned by Kroger. So that would be 49.8% post-merger,
               | per those figures.
               | 
               | These figures seem to be for the Seattle metro rather
               | than the city itself. Costco might be a competitor in
               | some sense but it doesn't serve the area I live -- the
               | nearest one is a 45 minute drive away. WinCos are even
               | further away -- they serve some of the suburbs, but not
               | the city of Seattle. Ditto Walmart. I've never heard of
               | or seen Campeon. Whole Foods / PCC exist, but are
               | expensive. Trader Joe's is fine but not really a full
               | grocery store.
        
               | rendang wrote:
               | With the remainder being made up of Trader Joe's and ...
               | 
               | ... Amazon
        
               | loeg wrote:
               | Yeah although TJ's is like 6% of the marketshare of the
               | big two (and Whole Foods / Amazon is ~5%) (see sibling
               | comments).
        
               | unregistereddev wrote:
               | It's very location-dependent. In my midwest metro I
               | believe they'd be less than 5% of the market. I'm sure
               | Albertsons and Kroger each have local monopolies in
               | different regions.
        
               | plagiarist wrote:
               | I think they have a good point, though. I would like the
               | laws to prevent a single corporation from being 90% of
               | all groceries for an entire state even if they aren't
               | anything close to a monopoly from a national perspective.
        
               | dragonwriter wrote:
               | > And now Albertsons and Kroger are merging together into
               | one gigantic holy-shit mega corp.
               | 
               | Well, they _want_ to, but its quite likely that the FTC
               | will prevent or force major changes to that.
        
             | sib wrote:
             | Nor is Amazon
        
               | dragonwriter wrote:
               | The complaint [0] has 32 pages detailing Amazon's durable
               | monopoly power in two relevant markets, so your claim
               | that it lacks a monopoly might do with somewhat more of a
               | counterargument than you've presented.
               | 
               | [0] https://storage.courtlistener.com/recap/gov.uscourts.
               | wawd.32...
        
               | sib wrote:
               | "Monopoly: the exclusive possession or control of the
               | supply of or trade in a commodity or service."
               | 
               | Given that there are things such as Walmart.com, eBay,
               | Shopify, and many hundreds of other online commerce
               | stores, they are self-evidently not a monopoly. In fact,
               | they don't even have a _majority_ share of eCommerce in
               | the US.
               | 
               | And they also don't have majority share in cloud
               | services.
               | 
               | Nor do they have a monopoly in eBooks.
               | 
               | I did not say they don't have monopoly power, I said,
               | they are not a monopoly.
               | 
               | (Other than obvious things such as "Amazon products"...,
               | in which case every manufacturer or retailer is a
               | monopoly in their own products.)
        
               | AnthonyMouse wrote:
               | > Other than obvious things such as "Amazon products"...,
               | in which case every manufacturer or retailer is a
               | monopoly in their own products.
               | 
               | The way this argument is normally presented is somewhat
               | intentionally obtuse. Obviously Nike has a monopoly on
               | Nike shoes, but "Nike shoes" isn't any kind of sensible
               | market definition because you go to a shoe store and
               | there are a dozen brands of shoes that are all pretty
               | fungible with each other.
               | 
               | But then you get into something like "GM-compatible brake
               | pads" and _that_ is a sensible market definition, because
               | if you have a GM car and you need new brake pads, they
               | need to be compatible with your car. But you 'll also
               | notice that this isn't the same thing as GM- _brand_
               | brake pads. You could get GM- _compatible_ brake pads
               | from a variety of OEMs that are all compatible with your
               | GM vehicle.
               | 
               | Or, it could be the case that only GM makes GM-compatible
               | brake pads. In which case they _would_ have a monopoly in
               | that market. Not because it 's a monopoly on their
               | _brand_ of brake pads, but because it 's a monopoly on
               | _any_ brand of _brake pads_ compatible with that brand of
               | _cars_ -- which is something else entirely.
               | 
               | Notice that they don't even have to be the same company.
               | If you have a Studebaker, the Studebaker Corporation is
               | no more, and you may have trouble finding parts. It may
               | even be the case that some independent third party has a
               | monopoly on some such parts, even though it's a monopoly
               | on parts for one specific brand of car.
        
             | ch4s3 wrote:
             | Neither is Amazon in e-commerce, they hold ~39% of the US
             | market and their eCommerce growth lags behind total
             | eCommerce with 9% and 10% respectively. Wal-Mart is at
             | about 6.5% but had nearly 25% growth this year while
             | capturing 36% of all eGrocery sales in the US.
             | 
             | The only place where Amazon is even near 50% is in consumer
             | electronics and office supplies.
             | 
             | The eCommerce market as such has a very long tail and a lot
             | of competitive players just behind Wal-Mart.
        
               | rewmie wrote:
               | > Neither is Amazon in e-commerce, they hold ~39% of the
               | US market and (...)
               | 
               | From the link:
               | 
               | > The complaint alleges that Amazon violates the law not
               | because it is big, but because it engages in a course of
               | exclusionary conduct that prevents current competitors
               | from growing and new competitors from emerging.
        
               | ch4s3 wrote:
               | I obviously read the press release, but haven't read the
               | 173 page complaint yet. But the piece about pricing is
               | DEAD wrong.
               | 
               | The complaint says:
               | 
               | > Amazon uses a set of anti-discounting tactics to
               | prevent rivals from 24 growing by offering lower prices,
               | 
               | But Amazon's contracts with big sellers specifically
               | state that it may only discount when competitors first
               | lower prices, making it in effect a price follower.
               | 
               | It goes on to say:
               | 
               | > Amazon deploys a sophisticated surveillance network of
               | web crawlers that constantly monitor the internet,
               | searching for discounts that might threaten Amazon's
               | empire. When Amazon detects elsewhere online a product
               | that is cheaper than a seller's offer for the same
               | product on Amazon, Amazon punishes that seller
               | 
               | Which belies the fact that when you sell on Amazon you
               | agree not to offer lower prices in other places. This is
               | simply Amazon enforce one end of the two way part of the
               | contract. Amazon agrees not to unilaterally slash your
               | prices and you agree not to discount behind their backs.
               | But you aren't as an eCommerce seller obligated to do
               | business with Amazon, they don't have sufficient market
               | share for that.
               | 
               | Furthermore, this statement is specifically false:
               | 
               | > By taming price cutters into price followers, Amazon
               | freezes price competition 11 and deprives American
               | shoppers of lower prices
               | 
               | Amazon is the price follower. If Wal-Mart offers a
               | discount, so will Amazon. If B&H Photo discounts a
               | camera, so will Amazon. The FTC is using sleight of hand
               | here.
               | 
               | I just don't find their arguments here to be very
               | compelling. I'm not against monopoly enforcement, but I
               | just don't see how Amazon actually has the pricing power
               | they're claiming.
        
           | autoexec wrote:
           | Grocery stores sell generic foods, but they put them on the
           | same shelf as the name brand stuff.
           | 
           | They don't hide the original products in a darkened corner of
           | the back room where no customer can see them. They don't
           | shove their generic into your hand every time you reach for a
           | name brand. Amazon can hide the real products from search, or
           | push it to the bottom of results, while putting their own
           | products at the top of search results even when you search
           | for the brand by name.
        
             | dnissley wrote:
             | Can't speak for your experience, but in mine generics have
             | often replaced name brand products in shelf-space-limited
             | urban locations of stores like Target, etc. I should make
             | it loud and clear that I'm completely fine with this.
        
             | waynesonfire wrote:
             | there is limited shelf space. they take the original
             | product off the shelf.
        
               | autoexec wrote:
               | I have never once seen a store that removed the major
               | name brands from the shelves and only offered their own
               | generic brand.
               | 
               | You might argue that having generics on the shelves at
               | all means that new small brands have to pay more for
               | placement, but that's not the same thing as stealing
               | product ideas and leaving no other option but the generic
               | version of that thing on the shelves.
        
               | HDThoreaun wrote:
               | I've seen it in the mini versions of stores in NYC.
        
               | waynesonfire wrote:
               | is your claim the shelves were empty where now stand the
               | generic brand? something had to go.
        
               | autoexec wrote:
               | Originally, the generics (which had plain black and white
               | packages) had their own dedicated isles. Now the generics
               | are put on the shelves next to the originals and all
               | those "generic only" shelves got filled with regular
               | products.
               | 
               | I've still never seen a brand new product show up in the
               | store and become popular only to be pulled off the selves
               | and replaced with only a generic version of that product.
               | When I see examples of that happening, I'll accept that
               | grocery stores are guilty of doing what amazon does.
        
               | malfist wrote:
               | Actually, isn't that what Bed Bath and Beyond did? Partly
               | the cause of their failure?
        
               | srackey wrote:
               | Also what Trader Joe's does. It's kinda their whole deal,
               | and partly the cause for their success.
        
             | [deleted]
        
           | cj wrote:
           | I think grocery stores are culpable for a lot of shady
           | behavior.
           | 
           | The least of which is selling end cap space (most walking
           | traffic) to the highest bidder, meaning a lot of junk food
           | and impulsive-purchase products are put in the highest
           | traffic places.
           | 
           | At least on Amazon it's marked as a sponsored result. Even if
           | most people click the first result anyway.
           | 
           | Both Amazon and grocery stores can be in the wrong.
        
             | CptFribble wrote:
             | the difference is that grocery stores are easy to search
             | completely - don't like the cereal options on the end-cap?
             | just walk down the cereal aisle and see it all immediately.
             | 
             | Amazon on the other hand, actively makes it difficult to
             | search for other products, by not only promoting their own
             | brands at the top, but filling up the rest of the results
             | with sponsored items.
             | 
             | It's more akin to an endcap with highest bidder items, but
             | then every few feet you walk down the cereal aisle, the
             | shelves separate and move farther away so another endcap
             | can slide into view, pushing the cheaper alternatives
             | farther and farther down the aisle the further you walk.
             | 
             | Not to mention the scale of the problem as well, grocery
             | stores are finite, and amazon nearly infinite, at least in
             | terms of how much time it takes to search through
             | everything.
        
           | dragonwriter wrote:
           | Grocery stores generally don't have monopoly power to start
           | with, and therefore cannot illegally maintain such power no
           | matter what they do.
        
             | HDThoreaun wrote:
             | They have just as much as Amazon does. Walmart probably has
             | more.
        
               | dragonwriter wrote:
               | > They have just as much as Amazon does.
               | 
               | What individual grocery firm has a monopoly of the degree
               | that the FTC has identified for Amazon in the two
               | relevant markets for this case over any market, what is
               | that market, and where is the evidence for the claimed
               | monopoly?
        
               | HDThoreaun wrote:
               | Not really feeling like doing a bunch of research right
               | now but walmart has 36% of the grocery market in this
               | country and many local monopolies. I don't think Amazon
               | is above 50% in any ecommerce sectors so seems pretty
               | similar to me. Walmart also is known for the same stuff
               | Amazon does where it bans the companies it buys from from
               | charging less elsewhere.
        
           | etchalon wrote:
           | Not really, or, at least, not at the same scale.
           | 
           | Staples (peanut butter, canned fruit, etc.) tend to have
           | store brands, but grocery stores doesn't have a store brand
           | version of the vast majority of popular products.
        
             | lotsofpulp wrote:
             | And so what if they did? Are manufacturers not allowed to
             | sell to customers directly?
        
               | etchalon wrote:
               | If they did, whether it'd be something of concern would
               | be a function of the grocery stores market size and
               | capture.
               | 
               | If Walmart, for instance, were to start creating Walmart-
               | branded everything after in-store product trials by small
               | companies, that'd be a concern.
        
               | lotsofpulp wrote:
               | Walmart has done that, for decades. They have tons of
               | their own brand in their stores selling for cheaper next
               | to the more brand name items. Equate, Mainstay, etc. In
               | fact, everyone does it. Target, Costco, CVS, Walgreens,
               | etc. It is basic price discrimination / segmentation
               | strategy.
        
               | etchalon wrote:
               | As I said above, staples tend to have store-brand
               | equivalents.
               | 
               | But you don't see Walmart creating store-brand knock-offs
               | of every popular product on their shelves.
        
             | tick_tock_tick wrote:
             | > but grocery stores doesn't have a store brand version of
             | the vast majority of popular products
             | 
             | Yes they do. I can shop at safeway and buy nothing buy
             | safeway branch shit easily.
        
             | jonas21 wrote:
             | At my local supermarket, there is a store-brand option in
             | basically every popular product category.
             | 
             | And I can't even recall visiting a major chain grocery
             | store where this was not the case (at least not in the last
             | 5 years).
        
         | whatever1 wrote:
         | It is not if you cannot prove that the price that the customer
         | pays is now higher.
         | 
         | Apple for example copies apps and makes them available as
         | default in iOS. Companies go bankrupt because of it, but it is
         | not monopolistic.
         | 
         | Of course all these are because of the strict legal definitions
         | we have. In spirit I agree with you.
        
           | cratermoon wrote:
           | > It is not if you cannot prove that the price that the
           | customer pays is now higher.
           | 
           | That's according to a peculiar interpretation of anti-trust
           | law.
           | 
           | "Due to a change in legal thinking and practice in the 1970s
           | and 1980s, antitrust law now assesses competition largely
           | with an eye to the short-term interests of consumers, not
           | producers or the health of the market as a whole; antitrust
           | doctrine views low consumer prices, alone, to be evidence of
           | sound competition."
           | 
           | Amazon's Antitrust Paradox
           | https://www.yalelawjournal.org/note/amazons-antitrust-
           | parado...
        
             | abduhl wrote:
             | It's strange to call the most prominent view (and the one
             | applied by courts currently) a "peculiar" interpretation.
             | Lina Khan is the one with the "peculiar" view right now.
             | The consumer interest test is preferred because, among
             | other reasons, it is quantitative. Quantitative tests are
             | seen as less able to be abused because some judge has a
             | particular view/vibe. Additionally, the consumer harm test
             | focuses on the consumer which is the ultimate class of
             | people antitrust laws seek to protect. Antitrust laws don't
             | exist to protect markets, they exist to protect citizens.
        
               | kmeisthax wrote:
               | It is peculiar because it was legislated from the bench.
               | Congress made it very clear _at the time the legislation
               | was drafted_ , _multiple times_ , that they considered
               | concentrated markets to be, in effect, a parallel state.
               | Every captain of industry today would become a tyrant
               | tomorrow, if given the power. Textualists and
               | originalists should have smacked down consumer welfare
               | the moment it was proposed.
               | 
               | > Additionally, the consumer harm test focuses on the
               | consumer which is the ultimate class of people antitrust
               | laws seek to protect. Antitrust laws don't exist to
               | protect markets, they exist to protect citizens.
               | 
               | Citizens stop being consumers when they exit the store.
               | Then they go to work or run their business, whereupon
               | Amazon harms them to the tune of thousands of dollars -
               | all so they can save a penny when they put that
               | "consumer" hat back on. This is ludicrous and self-
               | defeating.
               | 
               | > Quantitative tests are seen as less able to be abused
               | because some judge has a particular view/vibe
               | 
               | Of course, the choice of which quantitative test to use
               | is totally objective too, right? /s
        
               | kozd wrote:
               | Isn't the issue here short term vs long term consumer
               | interest? It's all fine and dandy for consumers to pay
               | lower prices because company A is eating losses to drive
               | company B out of business but what happens after that.
        
               | abduhl wrote:
               | How do you quantify long term consumer interest? We are
               | talking about drastic actions when we are talking
               | antitrust including the complete dismantling of companies
               | in the extreme from the government perspective and a
               | tripling of damages from a private enforcement
               | perspective. How do you justify such drastic measures
               | with a "what if they're dumping?" approach rather than a
               | rigorous quantitative assessment of impacts on the
               | consumer.
               | 
               | If dumping actually occurs then the government or
               | competitors can sue and win under the current antitrust
               | laws by showing that consumers are now paying more due to
               | the dumping scheme. Lina Khan's view militates for
               | prospective suits - suits where no consumer harm has yet
               | occurred.
        
         | 0xbadcafebee wrote:
         | Monopoly is a subset of anticompetitive behavior, and not easy
         | to prove. Whatever behavior you see as monopoly, they could
         | have a "reasonable" explanation for. A company violates the law
         | only if it tries to maintain or acquire a monpoly through
         | _unreasonable_ methods. As usual, the law has loopholes big
         | enough to drive an entire logistics chain through.
        
         | lacker wrote:
         | According to the best statistics I can find, in the US, Amazon
         | has 37.8 percent of the retail e-commerce market.
         | 
         | https://www.statista.com/statistics/274255/market-share-of-t...
         | 
         | The simplest pro-Amazon case is that they do not have monopoly
         | power, because they are not a monopoly.
        
           | tristan957 wrote:
           | You do not need > 50% market share for the government to go
           | after you for monopolistic practices. If Amazon made that
           | case in court, they would be laughed out of the building.
        
           | AnthonyMouse wrote:
           | > The simplest pro-Amazon case is that they do not have
           | monopoly power, because they are not a monopoly.
           | 
           | It's also odd that their retail business doesn't make any
           | money if they're supposed to have market power.
        
           | rat9988 wrote:
           | As a seller who wants to sell retail, what is the marketshare
           | of available platforms?
        
             | crazygringo wrote:
             | It really depends on how you define it, but Amazon, Walmart
             | and Shopify are all excellent mainstream choices. This
             | gives you plenty of numbers for comparison:
             | 
             | https://www.insiderintelligence.com/content/amazon-
             | walmart-s...
             | 
             | Then obviously you're also got direct-to-consumer via your
             | own website, and lots of niche channels like Etsy, Wayfair,
             | and so forth.
        
         | jldugger wrote:
         | > I'm honestly not sure how you could make the case that they
         | aren't maintaining and abusing monopoly power
         | 
         | Well, the obvious way would be "Amazon is not a monopoly." It's
         | blatantly anti-competitive but hasn't produced a competitor
         | yet. And heck, they didn't even have to buy off the competition
         | from Jet.com, Wal-Mart somehow inexplicably did that for them.
        
         | robertlagrant wrote:
         | This is what supermarkets do as well - see what sells, then
         | create own-brand alternatives.
        
         | tehlike wrote:
         | At this point, they don't have to rank it higher and people
         | would still buy it.
         | 
         | They are like Kirkland of Costco most often.
        
           | hightrix wrote:
           | Exactly. I prefer Amazon Basics to YAYWOWND brand every day.
           | 
           | It is one of the few brands on Amazon you can count on to not
           | be Chinese crap. Even if it is made in China, the Amazon
           | Basics products are generally good quality.
        
             | babypuncher wrote:
             | That is another problem with Amazon. It seems like my only
             | options are Amazon Basics, or weird 3-day old Chinese
             | brand.
             | 
             | Where are all the actually reputable brands hiding?
        
               | bluGill wrote:
               | Many reputable brands are not on Amazon because then they
               | people who buy from them are not getting a counterfeit.
               | You have to be a certain size to pull this off though,
               | small companies have trouble getting a market outside of
               | amazon or ebay.
        
             | shitlord wrote:
             | Amazon Basics products were previously known for causing
             | fires and destroying electronic devices. See:
             | https://www.cnn.com/2020/09/10/business/amazonbasics-
             | electro...
             | 
             | I don't know if they ever fixed this problem (they have
             | changed suppliers before), but I try to avoid using
             | products from Amazon or no-name Chinese companies that plug
             | into the wall.
        
             | munk-a wrote:
             | I think it's slightly better than <insert anonymous three
             | day old Chinese company here> but just slightly. Amazon
             | Basics within my company has earned a reputation for being
             | extremely fragile crap that will break quickly and,
             | occasionally, dramatically. I have had absolutely awful
             | experiences with their surge protectors.
             | 
             | But yes - it's a step up from YAYWOWND which is a company
             | that probably didn't exist last week and almost certainly
             | won't exist in a month when their product spontaneously
             | combusts and you try and chase down damages or at least a
             | refund... Still, I'm actually finding myself buying more
             | and more name brand crap because at least that way I know
             | there's a company I can reach out to when it breaks down.
        
               | dartos wrote:
               | We're coming full circle
        
               | chx wrote:
               | The /r/usbchardware subreddit used to recommend
               | AmazonBasics cables because they are USB IF certified
               | https://www.usb.org/single-product/728 but lately...
               | https://www.usb.org/products the entire company is gone.
               | https://i.imgur.com/qFzHbvP.png It also used to be you
               | could use the ASIN to search for it... you can't now.
        
               | malfist wrote:
               | Bonus points for YAYWOWND that didn't exist last week,
               | yet all it's products have thousands of 5 star reviews
               | that amazon somehow doesn't think is fraudulent.
        
           | crooked-v wrote:
           | Kirkland has a big difference here, in that it's a much
           | better consistent indicator of quality than the Amazon house
           | brands.
        
             | tehlike wrote:
             | Probably true. But then feels like it's one or two tweaks
             | away.
        
               | CuriouslyC wrote:
               | It might be, but Costco has a reputation for integrity,
               | and it's not worth trading that for a few percent cost
               | savings on generic items that aren't even a big portion
               | of their bottom line.
        
               | tehlike wrote:
               | I meant for amazon.
        
         | rattlesnakedave wrote:
         | As a consumer, this doesn't really hurt me. I get good products
         | for cheap delivered in two days or less. I don't see how the
         | FTC is helping me here.
        
           | mikem170 wrote:
           | How do you know that you're not missing out on an even better
           | deal?
           | 
           | If amazon had real competition maybe they would not have
           | raised seller fees so much, and would not have prevented
           | sellers from allowing lower prices in other places. So a
           | cases can be made that they are using their market share to
           | drive up prices, not lower them. Costing the consumer more.
           | 
           | There's other issues besides cost, for example counterfeits.
           | If they had real competition then maybe they'd have to do
           | something about all the counterfeit products they sell, which
           | hurts both buyers and sellers.
           | 
           | Just a couple examples. There are other ways that monopolies
           | can impact markets.
           | 
           | I've had similar thoughts about facebook. We could have had
           | much better social/messaging systems, but facebook bought the
           | competition. We likely missed out on more variety and perhaps
           | much better options. Consumers were harmed by these lost
           | opportunities.
        
           | tw04 wrote:
           | >I get good products for cheap delivered in two days or less.
           | 
           | You would be getting the same products for cheaper, that's
           | the point. Their "two days or less" hasn't been true for
           | several years. "Prime" to me basically has become "sometime
           | in the next week" and there's a massive warehouse within 30
           | miles of my house.
        
             | olyjohn wrote:
             | I cancelled Prime, and I always still get free shipping.
             | Yes it's longer than 2 days, but a lot of the time it
             | arrives early anyways. I really feel like it is better
             | without Prime. I get more "early arrivals" now and I used
             | to just get 2 day shipments in 3-5 days anyways.
        
           | max_ wrote:
           | Exactly, the purpose of capitalism is to serve the consumer
           | not the competitors.
        
             | wolverine876 wrote:
             | The purpose is to serve the public, full stop (including
             | consumers, employees, shareholders, other citizens). The
             | mechanism is the free market, not capitalism, and the free
             | market requires free competition.
             | 
             | Capitalism is one tool in the free market toolbox, and it
             | works very well in many ways. One way this tool doesn't
             | work well is that it leads to monopolies, which stifle
             | competition, which hurts the people listed above.
        
         | likpok wrote:
         | The trouble with this argument (which gets made a lot) is that
         | this is basically every large retailer. Walmart has great
         | value, Safeway has safeway select, Target has good and gather.
         | In all of these cases large retailers take well-performing
         | products (i.e. look at their sales data to see what is selling
         | well) and creates mimics.
         | 
         | They put the generics right next to the original products, and
         | then charge the original seller for better shelf placement (as
         | well as for various other things -- getting a product in a
         | retail store requires a fair amount of payola in some form or
         | another).
         | 
         | All of this adds up to basically the same thing: amazon copies
         | a product and ranks it highly unless you pay for better
         | placement.
         | 
         | You can say that this is bad, which sure, but it seems hard to
         | make the argument that this is specifically illegal for amazon
         | when it's widely practiced in the industry.
        
           | losteric wrote:
           | > The trouble with this argument (which gets made a lot) is
           | that this is basically every large retailer.
           | 
           | Alternatively: there's no trouble at all, Walmart/Safeway/etc
           | are all clearly engaging in this anti-competitive practice
           | and must be reigned in. Marketplaces need to be regulated as
           | neutral grounds for sellers, the marketplace cannot double-
           | dip and compete against sellers or engage in practices that
           | reduce competition between marketplace businesses.
           | 
           | Generics and knock-offs are fine, it just needs to be done by
           | independent sellers.
           | 
           | Practices like down-ranking sellers for offering better
           | prices elsewhere is just blatantly violating any sense of
           | neutrality, reducing competition among marketplaces and
           | increasing prices for customers.
        
             | mentalpiracy wrote:
             | I have come to this same conclusion as well.
             | 
             | Too many economic opinions are still predicated on the idea
             | that the free market is still working correctly, and that
             | there are effective controls in place. The reality is that
             | - at least in the US - the controls are broken, and have
             | been for a decade or more.
        
             | kiklion wrote:
             | How is it clearly anti-competitive if they are providing a
             | better value for the consumer?
             | 
             | When a name brand has market power and charges a premium
             | for a basic product, then another company entering the
             | market and undercutting them is great for the consumer. We
             | can make regulations to ensure that a distributor,
             | advertiser, retailer and the product owner engage in arms
             | length transactions but there's nothing inherently wrong
             | with a store brand offering products comparable to name
             | brand at significantly reduced prices.
        
               | m-ee wrote:
               | From what I understand the FTC is shifting away from the
               | doctrine that consumer benefit/harm as the deciding
               | factor for an antitrust case.
        
               | symlinkk wrote:
               | Okay so take the FTC out of it. Let's say we're writing
               | the laws from scratch today. Why would store brand
               | generics be outlawed?
        
               | TheCoelacanth wrote:
               | They wouldn't, except for market dominating retailers.
        
             | sailfast wrote:
             | Aren't most of these generics all white-label anyway? I'm
             | less worried about store-brand generics that are often
             | outsourced, and more worried about behavior that drives any
             | of the original manufacturers out of the business entirely
             | because of monopoly over the entire sales chain.
        
           | nonameiguess wrote:
           | Clearly, it isn't illegal to do this kind of thing in
           | general. What's illegal is doing it when you have enough
           | market power to be deemed a monopoly. No physical retailer is
           | anywhere near that. Businesses are allowed to be
           | anticompetitive. That's more or less the entire reason they
           | exist. They're not allowed to create monopolies by being
           | anticompetitive.
        
           | fragmede wrote:
           | I don't know that it is. Walmarts been repeatedly sued for
           | the same practice, so it's not just Amazon being sued for
           | that behavior.
        
           | enriquec wrote:
           | Very true. I find it hard to argue against something like
           | generics - since they increase access and lower price.
        
             | kiklion wrote:
             | There's nothing wrong with genetics and nothing wrong with
             | stores having their own brand.
             | 
             | We just need regulations to ensure that vertical companies
             | are engaging in arms length transactions. If Walmart
             | charges a company $10 per linear foot of shelf space on the
             | third row, then they need to internally bill the generic
             | brand division the same rate.
        
           | EVa5I7bHFq9mnYK wrote:
           | I think those great value products are not in fact produced
           | by Walmart. It's the same product from the same company, just
           | lower priced to appeal to price conscious customers.
        
             | gehwartzen wrote:
             | Thats exactly what those are. I worked for Reynolds
             | Consumer a while back and the same aluminum foil goes into
             | the brand box as well as the private label box.
        
               | bluGill wrote:
               | The foil might be the same, but that doesn't mean
               | everything is. I've had generic raisin bran cereal that
               | was clearly Kellogg's in a different box, excpet that 1
               | out of 100 boxes had a slightly different flavor that
               | wouldn't have passed Kellogg's quality controls but since
               | still food safe (so I assume) the generic boxes got it.
               | Of course when doing a private labor you can specify the
               | higher quality controls, but that comes at a higher
               | price. Most of the time Kellogg's is going to make the
               | same cereal either way so nobody can tell the difference,
               | but when something goes off in the process the cheaper
               | generics get it.
               | 
               | My knowledge of foil suggests there isn't anything
               | Reynolds could to that would reduce quality that would
               | still be good enough to ship.
        
               | hotnfresh wrote:
               | I dunno how it is these days, but the store brand cocoa
               | pebbles used to not taste like chocolate at all, and
               | would fail to turn the milk into chocolate milk like the
               | real ones did. Other cereals had similar problems. A
               | common issue was that the store brand was consistently,
               | noticeably stale, while the name brand almost never was.
        
         | graeme wrote:
         | Monopoly is very specific. Anti competitive isn't monopoly.
         | 
         | Amazon simply hasn't got monopoly market share or even e
         | commerce monopoly market share.
         | 
         | And btw all retailers copy products. Surely you've bought store
         | brand corn flakes at some point for instance.
        
         | nixass wrote:
         | By what metric Amazon IS monopoly?
        
           | neogodless wrote:
           | https://www.statista.com/statistics/274255/market-share-
           | of-t...
           | 
           | 37.8% of online retail.
           | 
           | Walmart is #2 at 6.3%.
           | 
           | https://en.wikipedia.org/wiki/Monopoly
           | 
           | > The verb monopolise or monopolize refers to the process by
           | which a company gains the ability to raise prices or exclude
           | competitors. In economics, a monopoly is a single seller. In
           | law, a monopoly is a business entity that has _significant
           | market power_ , that is, the power to charge overly high
           | prices, which is associated with a decrease in social
           | surplus.
           | 
           | > Product substitutability: Product substitution is the
           | phenomenon where customers can choose one over another. This
           | is the main way to distinguish a monopolistic competition
           | market from a perfect competition market.
        
             | wordsarelies wrote:
             | 37.8 seems low, I suspect the "shipped goods" percentage is
             | higher.
        
           | munk-a wrote:
           | By the metric of market control and by the metric of being
           | able to leverage anti-competitive practices without feeling
           | any market pushback.
        
             | Spivak wrote:
             | I wish we could make this more well-defined because this is
             | every company ever entering a new market supported by their
             | existing business. If you actually outlawed all of it it
             | would kill every medium or larger business (which isn't to
             | say I'm not opposed to outlawing it) because that's just
             | the game. The business that has to take on funding and pay
             | interest will struggle against the conglomerate with a war
             | chest larger than your TAM.
             | 
             | Amazon has some shitty practices but I expect a lot of
             | pushback in this lawsuit as a bunch of other companies see
             | a target on their back for stuff they've been doing for
             | longer than Amazon's been around.
        
               | ImPostingOnHN wrote:
               | it was well defined enough for the FTC to bring this suit
               | with a pretty detailed complaint, I think we're good
               | there
               | 
               | "other companies" don't have the same market power here,
               | or indeed engage in the same anticompetitive behavior,
               | but again, that's all explained when you read the FTC
               | complaint detailing the actual behaviors in question
        
               | taeric wrote:
               | Sadly, no it isn't. Them calling out that they are not
               | going after Amazon because they are too big, but because
               | they did thing X is very problematic for the clear
               | definitions.
               | 
               | That is, as well defined as some concerns are, this
               | complaint actually throws out a ton of that and makes it
               | even less clear.
        
               | ImPostingOnHN wrote:
               | fortunately, it was, hence the existence of the complaint
               | 
               | if the FTC didn't know whether their rules applied, they
               | wouldn't have been able to draft a complaint explaining
               | how they do
               | 
               | penalizing suppliers for offering lower prices elsewhere,
               | for example, is pretty clearly anticompetitive
        
               | taeric wrote:
               | Don't confuse criticism of the FTC with praise for Amazon
               | here. The FTC seems to be continuing weak cases, and at
               | least some of us view that as very problematic.
               | 
               | If we are going to rebuild some of the surrounding rules
               | such that these practices are illegal, I'm all for it. If
               | it turns out that I'm wrong and they do manage to make
               | the market healthier with a suit against Amazon, great.
               | 
               | This doesn't look strong in that direction, though. This
               | reeks of populist appeal from folks that know it is a
               | politically savvy move to bash Amazon.
        
               | ImPostingOnHN wrote:
               | there's no need, as the practices are already illegal,
               | and the rules are already built, and the FTC is already
               | filing strong cases like this one
               | 
               | the criticism of this latest case, however, reeks of
               | corporate worship from folks that know that Amazon is in
               | the wrong (as the complaint documents)
        
               | taeric wrote:
               | This is not a strong case, is what a lot of us are
               | asserting.
               | 
               | You can disagree there, but realize our disagreement here
               | isn't that Amazon is a good company. It is on the
               | strength of this case. It really feels like one that is
               | being brought more for optics than otherwise.
               | 
               | I say this as someone that thought they should have had a
               | strong case against Microsoft buying Activision. And yet,
               | just look how that went. Maybe I'm wrong. Shouldn't take
               | too long for us to find out, all told. I remember the
               | stories of what Walmart did and still does in retail,
               | though. It is obscene to see how that has played out in
               | time.
        
               | ImPostingOnHN wrote:
               | I understand you are asserting that, and what a lot of us
               | are asserting after reading all the allegations is that
               | it is a strong case
               | 
               | You can disagree, and that's fine, I'm not saying your
               | personal disagreement specifically is support for Amazon,
               | it's just that's the optics of the individuals
               | disagreeing with the case the FTC presented here, for a
               | lot of us, seem to be corporate/capitalism worship and/or
               | personal disagreement with the existing rules and laws
               | against anticompetitive behavior that Amazon clearly
               | violated here (as detailed in the complaint)
        
               | taeric wrote:
               | I'd love to see a longer take regarding what makes you
               | think these claims are strong. Especially with the
               | backdrop of losses the FTC has been having, though, these
               | feel weak. It sucks that the only real commentary out
               | right now is the expected appeals online.
               | 
               | So, we'll see. Hopefully quickly.
        
             | taeric wrote:
             | Examples? Because, by most evidence that I am aware of,
             | they aren't actually doing that well? Certainly not bad.
             | But not clear to me that they have any real online
             | advantage now that other stores have online payment that
             | they can use between them. I've certainly been far more
             | willing to buy direct from brands for the past few years.
        
               | cj wrote:
               | The examples are listed in the article. The last point is
               | pretty damning if they can prove it.
               | 
               | > Biasing Amazon's search results to preference Amazon's
               | own products over ones that Amazon knows are of better
               | quality.
               | 
               | > Degrading the customer experience by replacing
               | relevant, organic search results with paid advertisements
               | 
               | > Charging costly fees on the hundreds of thousands of
               | sellers that currently have no choice but to rely on
               | Amazon to stay in business. [...]
               | 
               | > Anti-discounting measures that punish sellers and deter
               | other online retailers from offering prices lower than
               | Amazon, keeping prices higher for products across the
               | internet. For example, if Amazon discovers that a seller
               | is offering lower-priced goods elsewhere, Amazon can bury
               | discounting sellers so far down in Amazon's search
               | results that they become effectively invisible.
        
               | Robotbeat wrote:
               | The last one is the most problematic IMO
        
               | taeric wrote:
               | First, disclaimer that I do not mean my post as a reason
               | not to pursue antitrust concerns. By all means, look for
               | them. If they are found, make rules about them.
               | 
               | That said, I have specific doubts. For one, search has
               | always been crap on Amazon. I could believe they tried
               | some of these tricks, but I confess I have my doubts they
               | would execute on them well.
               | 
               | For second, some of this is standard BS that retail has
               | just accepted. That is, bringing on "experts" from in the
               | retail industry would almost certainly bias you in some
               | of these directions. The standard contracts that retail
               | stores have pushed for a long time are such that they
               | absolutely should be curtailed. They can be good tools
               | for small companies, but it is clear that as companies
               | get larger, they amplify power imbalances.
        
               | [deleted]
        
             | [deleted]
        
         | Waterluvian wrote:
         | But I like it when Costco does it...
        
       | hrdwdmrbl wrote:
       | Do Shopify next! And Apple's 30% tax is literally outrageous!
        
         | hrdwdmrbl wrote:
         | Also do the fact that you never own what you "buy". Buy means
         | buy. Period. Amazon, Audible, Google Play, Apple TV, etc. I
         | would like to _own_!
        
           | rob74 wrote:
           | Then you are in the minority unfortunately. Just look at
           | music - you can buy DRM-free music online without problems,
           | but people still prefer to pay for Spotify...
        
             | hrdwdmrbl wrote:
             | Streaming is a different matter. I agree that you don't own
             | anything if you stream. I also don't think lack of
             | popularity for "buying" is a reason not to have a
             | reasonable rule about the definition of "buying".
        
         | softwaredoug wrote:
         | How is Shopify a monopoly? There's all kinds of competitors for
         | making online stores
        
           | hrdwdmrbl wrote:
           | They force sellers to use their payment processor. If you
           | don't, they charge an extra 0.5% markup on top, which
           | basically means that no 3rd party payment processor can be
           | competitive on price.
           | 
           | I think you can also measure their power in the same way as
           | Amazon - The % of fees that they capture as a percent of
           | sales volume goes up every year. Slow squeeze.
        
       | lolinder wrote:
       | Does anyone know more about Project Nessie? There's a portion of
       | the complaint [0] that is _heavily_ redacted from page 123 to
       | 126. The only information that isn 't redacted is this:
       | 
       | * Project Nessie is an algorithmic pricing system
       | 
       | * "Amazon's Project Nessie has already extracted over [redacted]
       | from American households."
       | 
       | * "this scheme belies its public claim that it "seek[s] to be
       | Earth's most customer-centric company,""
       | 
       | * It's related to Section VI.A.3 (Amazon maintains its monopolies
       | by suppressing price competition with its first-party anti-
       | discounting algorithm)
       | 
       | Amazon themselves identify Nessie as the system that monitors
       | spikes or trends [1], so my hunch is this is some sort of surge
       | pricing system. Does anyone here know more?
       | 
       | [0]
       | https://www.ftc.gov/system/files/ftc_gov/pdf/1910129AmazoneC...
       | 
       | [1] https://www.aboutamazon.com/news/amazon-offices/the-
       | surprisi...
        
         | capableweb wrote:
         | Guessing this is also related, from page 10:
         | Amazon has implemented an algorithm for the express purpose of
         | deterring other online stores from offering lower prices.
         | [redacted]         Rather than trying to compete, Amazon uses
         | [redacted]         Ultimately, this conduct is meant to deter
         | rivals from attempting to compete on price altogether-
         | competition that could bring lower prices to tens of millions
         | of American households. As a result of this conduct, Amazon
         | predicted, "prices will go up."
        
           | hotnfresh wrote:
           | What especially rankles is how Amazon doesn't give a fuck
           | about counterfeits. So they're allowing counterfeits
           | (amplifying the mentioned effect) to discourage direct-
           | sellers from attempting to compete on price.
           | 
           | Meanwhile, I have to order from direct sellers to be sure I
           | will get a genuine, new product. So I don't even get Amazon's
           | lower-but-still-higher-than-optimal price, but a _yet higher_
           | one.
           | 
           | As far as I'm concerned the whole company's a giant scam and
           | I can't believe it still hasn't caught up with them. They
           | benefit so very much from enabling bad actors, and have for
           | so long _clearly_ without any serious attempt to stop it,
           | that I'll do a happy dance the day they go under or get
           | broken up. I just wish the eventual consequences could force
           | Bezos to have to work for a living again, since he's built
           | his empire on fucking people weaker than him. Shouldn't get
           | to keep a penny of it.
        
             | KyleJune wrote:
             | You might still be getting products from the same inventory
             | pool in an Amazon warehouse when ordering directly if the
             | company uses Amazon's Multi-Channel Fulfillment offering.
             | They sell on their site, tell Amazon about the sale, then
             | Amazon ships it to the customer. They even offer the option
             | to ship it in unbranded boxes so that customers don't know
             | the order is being fulfilled by Amazon.
        
               | hotnfresh wrote:
               | Ew, gross. I'm pretty sure the couple companies I order
               | from regularly that also have an Amazon presence don't do
               | that, since they have direct-order products not listed on
               | Amazon and often include little touches like a bonus
               | sample or handwritten note that you don't get if you
               | order their stuff on Amazon, but good to know to watch
               | out for that.
        
               | pests wrote:
               | > since they have direct-order products not listed on
               | Amazon
               | 
               | This is still at-risk because you are not required to
               | list on Amazon to use FBA.
               | 
               | The handwritten note is a better indicator for sure.
        
               | datavirtue wrote:
               | So tired of being on the shit-end of a drop-ship.
        
             | Buttons840 wrote:
             | How does Amazon avoid liability for selling scam products?
             | Do they claim to be "just the middleman" and pass
             | responsibility onto ghost-in-the-night companies selling
             | the scam products? Or do they just abuse the legal system
             | and make justice too expensive to be worth it?
             | 
             | I don't know the law very well, but I would hope there's a
             | legal doctrine that responsibility has to effectively land
             | somewhere. If a company is passing responsibility en masse
             | to some other entity that cannot be effectively sued, then
             | the responsibility should actually lie with the first
             | company.
        
               | throw9away6 wrote:
               | The same way they avoided paying state taxes for over a
               | decade. Too big to sue
        
               | hotnfresh wrote:
               | I have no idea, but companies routinely do shit that I
               | assume would at least get me a fine in a hurry if I tried
               | it. I don't know how it works either. Like I'd have
               | assumed deliberately dumping e-waste all over city
               | sidewalks would get you a steep fine and an order to come
               | pick them up or face an even steeper one within a matter
               | of days--plus an absolute liability nightmare if, god
               | forbid, anyone tripped over them and got hurt--but
               | e-scooter companies have done it for years and have faced
               | almost no consequences. I doubt I could get away with it.
               | I dunno how they do.
        
               | pests wrote:
               | In the beginning it was a free-for-all but now cities
               | require permits and have limits and require the companies
               | to implment restricted zones where the scooter won't run.
        
             | tornato7 wrote:
             | Not just counterfeits but pages upon pages of shitty
             | products from companies like WOWZAMGO and PARTUE that, now
             | that they have sponsored rankings, will always come up
             | first in search. They also all have endless fake reviews.
             | This renders Amazon's search essentially useless.
        
               | TedDoesntTalk wrote:
               | WOWZAMGO makes quality products. I bought their portable
               | usb battery and it only caught fire after the 20th charge
               | cycle. PARTUE, on the other hand... don't ask!
        
               | m463 wrote:
               | What's funny is that I couldn't tell if this was serious
               | or sarcastic at first glance. (caught fire -> sarcastic)
               | 
               | Thing is, these silly UPPER-CASE-NONSENSE-COMPANIES are
               | winning against established brands with quality products.
               | 
               | Except there is a trend now where a brand with products
               | of known good quality like YETI can now charge
               | _outrageous_ amounts of money - like 10x or more.
        
               | no_wizard wrote:
               | The truth about consumer buying patterns is most
               | purchases are treated as lowest cost commodity, unless
               | the buyer is aware or the price threshold is high
               | enough[0]. When you don't have subliminal[1] and limited
               | selection pressure (both of which exist in brick and
               | mortar stores), coupled with a UI that makes it pretty
               | easy to discover other brands, and coalesced signals
               | (reviews placement etc), lowest price wins.
               | 
               | [0]: Put another way, if its expensive, it gets more
               | scrutiny by the average consumer (whatever their
               | definition for expensive is). The other circumstance is
               | if they care about the category or are in the slice of
               | shoppers who do quality research, which is less common
               | than you might think, until the cost factor kicks in,
               | usually.
               | 
               | [1]: This is brand awareness, and other related
               | verticals. Effectively, this is what brand and mass
               | marketing is about.
        
               | heleninboodler wrote:
               | The UPPERCASENONSENSENAMES are so obvious it makes me
               | wonder if this is a target-selection technique in the
               | same vein as the 419 scammers use -- make it so only the
               | most clueless people would ever buy your garbage product,
               | so you get a lower percentage of people who are going to
               | report you.
        
               | Avshalom wrote:
               | The thing is, it's 2023, we all "know" that every
               | company's product get made in the same factory and
               | there's just a fork at the end of the conveyor where they
               | get different branding slapped on.
               | 
               | So the gamble is that UCNN is sourced out of the exact
               | same factory as the product/brand you actually want. It's
               | the the evolution of the Warby Parker model.
        
               | TedDoesntTalk wrote:
               | Just bought a wood bed frame online. 5 vendors with
               | nearly the exact same frame, all priced within $50 of
               | each other. How does one choose? Does it matter?
        
               | cdumler wrote:
               | Welcome to the Era of [Poe's
               | Law](https://en.wikipedia.org/wiki/Poe's_law).
        
               | smugma wrote:
               | It's hard to find that value niche in the middle. They do
               | exist within categories eg Anker for USB related things.
        
               | Nullabillity wrote:
               | The Anker that was selling "offline" cameras that phoned
               | home plaintext images? Yeah, no thanks.
        
               | jrockway wrote:
               | I don't really have a problem with this stuff. It's
               | memeable (some great photoshop artists there; always good
               | when the company has no photo of their actual product)
               | and not that cheap, but I think of Amazon as an
               | overpriced Shenzhen market and this stuff is essential to
               | maintaining that vibe.
        
       | Modified3019 wrote:
       | Fucking finally
        
       | skinkestek wrote:
       | Good!
       | 
       | Does this mean FTC got a new spine (or have I misunderstood and
       | they had one all the time)?
       | 
       | If so:
       | 
       | Can I also suggest someone looks into:
       | 
       | - Googles abuse of market position to take over the browser
       | market
       | 
       | - Microsoft trying to abuse their market position to take over
       | the browser market (again)
       | 
       | ?
        
       | ihaveajob wrote:
       | In my opinion, Amazon needs to be split into at least 4
       | independent entities:                 - Online marketplace
       | - Consumer products       - Internet infrastructure       -
       | Delivery logistics
       | 
       | Similar to the three-tier distribution system for beer in most
       | states (a brewer cannot be a wholesaler or a retailer). This
       | makes it easier for smaller players can compete with the big ones
       | on quality at least, if not price or recognition.
       | 
       | (Edit: format)
        
         | duped wrote:
         | > Similar to the three-tier distribution system for beer in
         | most states (a brewer cannot be a wholesaler or a retailer).
         | This makes it easier for smaller players can compete with the
         | big ones on quality at least, if not price or recognition.
         | 
         | This seems like a bad example given how its arguably led to
         | massive consolidation in beer
        
         | thfuran wrote:
         | >(a brewer cannot be a wholesaler or a retailer)
         | 
         | Does that mean brewpubs can't exist or just that they couldn't
         | also sell the beer bottled?
         | 
         | But regarding Amazon, I agree.
        
         | ZeWaka wrote:
         | > a brewer cannot be a wholesaler or a retailer
         | 
         | Reminds me of the weird law in a lot of states where breweries
         | and distilleries can't use the same equipment or physical
         | location - which pushes out smaller more varied players since
         | you need capital in order to operate multiple locations.
        
         | CaffeinatedDev wrote:
         | Amazon has been cognizant of this[antitrust risk] for a while
         | now I believe. The internal systems are all set up to run
         | independently, most systems are modular and already run as
         | separate entities with permissioned access.
         | 
         | Proof: worked as an SDE for AWS and Amazon for 7 yrs.
        
           | ggreer wrote:
           | Isn't that done because independent modular systems make it a
           | lot easier to build stuff inside of such a large company?
           | Bezos said as much in 2002 when he issued his API
           | mandate.[1][2]
           | 
           | 1. https://chrislaing.net/blog/the-memo/
           | 
           | 2. https://gist.github.com/chitchcock/1281611
        
         | emodendroket wrote:
         | I question the assumption that simply letting more small
         | players compete is going to improve outcomes for anyone who
         | doesn't happen to own one of these smaller businesses.
        
         | m463 wrote:
         | - advertising
        
         | ggreer wrote:
         | I'm pretty sure the beer laws hurt small breweries and
         | consumers. Back in the 1980s when these laws were at their most
         | numerous and strictest, the market was dominated by a few
         | macrobreweries. Even today, the states that restrict brewery
         | self-distribution have half as many breweries per capita as
         | states that allow it.
        
         | arbuge wrote:
         | I would add a fifth - advertising.
        
         | cthalupa wrote:
         | The three-tier system is absolutely awful in a lot of states
         | for smaller breweries. It has been used to severely reduce
         | their ability to sell on-site for off-site consumption, which
         | is key for smaller breweries. Many states set the
         | revenue/volume cap too low before you have to cut off on-site
         | sales of off-site consumption for you to not take a significant
         | hit to your profit swapping to a distributor.
         | 
         | It also makes it very easy for the bigger groups like AB Inbev
         | to play games with distributors around pushing enough volume of
         | their products if they want to get allocations of more in-
         | demand bottles like Goose Island's Bourbon County Brand Stout.
         | 
         | I did not think I would ever see someone seriously arguing that
         | the three-tier system for beer is a good thing for smaller
         | players.
        
           | kmeisthax wrote:
           | The thing with the three-tier system is that it only
           | partially disaggregates the system. Market consolidation has
           | a certain gravity to it: once one market is consolidated,
           | they start stripping the margins off their suppliers and
           | increasing prices for their customers. The only defense
           | against this is to consolidate yourself to maximize your
           | negotiating leverage. If wholesalers and retailers were
           | horizontally disintegrated then it'd be a better system.
           | 
           | This is also why businesses are furiously and unanimously
           | anti-union. Labor is their biggest cost and they get ahead if
           | they can keep labor fragmented while they consolidate.
        
             | [deleted]
        
       | jacooper wrote:
       | Lets hope this doesnt become a secret trial like the google one.
        
       | kderbyma wrote:
       | Hopefully it works. Amazon has done so much damage to this
       | world....
        
       | criddell wrote:
       | I wish they would add ebook DRM to the list. Amazon has
       | essentially locked the Kindle so that it can only purchase from
       | Amazon and Amazon ebooks can only be used on the Kindle. On top
       | of that, they offer no way of transferring ebooks and, AFAIK,
       | offer no way to remove DRM after a work enters the public domain.
        
         | taeric wrote:
         | I don't know, as I never had access to that data, but I would
         | be shocked to find that is not demanded by their agreements
         | with the publishers. Akin to why there is no library that will
         | give you non-DRM items. Is almost certainly part of a strategy
         | by the publishers to bolster other marketplaces they find more
         | favorable.
        
           | 542458 wrote:
           | Isn't Amazon also the publisher for a nontrivial number of
           | ebooks on Amazon?
        
             | taeric wrote:
             | The ones folks are buying? Not really. :D Publishers still
             | do a good job signing on authors. Audio books, I think, are
             | very different. Audible was far more active in building up
             | a market and voice talent than the competition for a long
             | time.
             | 
             | That said, I am not aware of any actual anti-competitive
             | practices that they do there. The examples that some high
             | profile folks have used feel very weak. Prices are lower
             | for customers than they have ever been, and profits for the
             | talent are almost certainly up due to increased sales
             | volume. Their percentage profit per sale is down, but the
             | history could also be that keeping that percentage high
             | would not have grown the market? Such that, they could not
             | have gotten the larger pie without the smaller slice. But,
             | now that the pie is big, they want the bigger slice.
        
           | thomastjeffery wrote:
           | An agreement is constructed by _two_ parties, not one.
        
             | taeric wrote:
             | Feels like a non-sequitur? What are you trying to say? My
             | specific point is that I would wager money that Amazon
             | being required to have DRM on their devices is required by
             | publishers for them to be able to have that publisher's
             | offerings. If Amazon drops the DRM, they lose the ability
             | to offer that content.
             | 
             | I'm not as confident that they have the agreement include
             | that they will not offer authors a way to have DRM free
             | content on the platform, but I would not be surprised by
             | it.
        
               | criddell wrote:
               | DRM doesn't have to be proprietary. I should be able to
               | buy books from any place and read them on any reader.
        
               | taeric wrote:
               | I mean... not wrong. But useful? Does this happen with
               | any technology? Is it being blocked by practices from
               | Amazon? Still feels like a non-sequitur.
        
               | criddell wrote:
               | DVDs could be purchased and played on any player. Most of
               | the non-Amazon ebook world uses Adobe DRM.
        
               | taeric wrote:
               | As someone that was into DVDs from other regions, this
               | comment is laughably wrong.
               | 
               | Edit: Heck, just playing movies on my computer DVD drives
               | was less than straight forward. For the longest time you
               | basically had to feel like a hacker to get it working on
               | a linux machine.
        
               | criddell wrote:
               | It wasn't perfect, but it was better than the current
               | situation with ebooks. You could go into an electronics
               | retailer and choose one of a dozen DVD players then drive
               | across town to video store and buy or rent any DVD and
               | the chances that the two things would work together was
               | very high.
        
               | taeric wrote:
               | No real disagreement from me, on that general point.
               | Things were certainly more convenient in some older
               | formats.
               | 
               | I'm not clear on the relevance to this particular story.
               | For one, ebook practices are literally not part of this
               | case. For two, the assertion in this branch is that that
               | exists at the demands of publishers.
        
               | thomastjeffery wrote:
               | If Amazon refused to enter that agreement, would the
               | publisher simply refuse to sell ebooks on Amazon? I
               | sincerely doubt that.
               | 
               | If Amazon was actually motivated to refuse DRM, then we
               | would be in an entirely different situation. The reality
               | is that the opposite is true, and that Amazon itself is
               | one of the publishers requiring DRM!
        
               | taeric wrote:
               | You do know there was an antitrust against the publishers
               | and Apple where they did collude and force changes to the
               | agreement onto Amazon, right? This isn't even
               | hypothetical. Literally happened. Amazon absolutely
               | cannot live without publishers right now.
        
               | thomastjeffery wrote:
               | But can publishers live without Amazon?
               | 
               | My point is that that question was never asked:
               | practically all of the publishers that sell on Amazon's
               | marketplace - including Amazon Publishing - agree that
               | they want DRM incorporated into Amazon's digital
               | marketplace platform.
        
               | taeric wrote:
               | Almost certainly they would be fine, given some time. Is
               | why they were willing to strong arm Amazon into changing
               | terms on how they sell ebooks.
               | 
               | And you seem to be dodging my point? My
               | assertion/wager/whatever is that the publishers actively
               | want it so that Amazon has to have DRM on their devices
               | and sales. Just as they want it on libraries lending. Do
               | I /know/ this? No. That is why I worded it as something
               | that would shock me.
               | 
               | I agree that my willingness to wager on this would go
               | down as I extend it to my larger guess, that they also
               | have terms covering things that Amazon publishes. That
               | said, it lowers my willingness, but it does not seem
               | beyond the pale.
        
         | bigbillheck wrote:
         | Does calibre not work on new kindles?
        
           | criddell wrote:
           | I assume you are talking about the DeDRM tools? If so, the
           | answer to your question is that it doesn't work as well as it
           | used to. The era of easily strippable DRM is ending.
           | 
           | Amazon's latest file format KFX hasn't been entirely cracked
           | and it's possible it won't ever be entirely cracked. The best
           | anybody can do so far is to buy an older Kindle and download
           | it to that in order to get a crackable version. The problem
           | with that is you lose all of the typography improvements only
           | available in KFX.
        
         | boyesm wrote:
         | Adding a new book to a kindle is as simple as sending an email
         | with a PDF attachment.
        
         | charcircuit wrote:
         | If you buy a PS5 game you can only play it on the PS5 and they
         | don't remove DRM after the came goes into public domain.
        
           | j_maffe wrote:
           | PS5 doesn't have a monopoly over the console market, Amazon
           | does.
        
             | taeric wrote:
             | Sony almost certainly has more marketshare of the console
             | market than Amazon does of anything. The numbers that came
             | out for sales of XBox were... sobering for how badly
             | Microsoft is throwing cash to stay in the game.
        
               | dartos wrote:
               | So with Sony, Microsoft and Nintendo: Sony has about 50%
               | market share and Microsoft and Nintendo have about 25.
               | 
               | That's a very different (I'd argue healthier) world than
               | online retailers where Amazon has like 36% but the next
               | largest (Walmart) is like 6%.
               | 
               | You need to weigh the market share against the number of
               | players in the space.
               | 
               | Also that's not to mention how all 3 major game console
               | players have some kind of moat or walled garden
               | (exclusives.)
               | 
               | Most online retailers are basically interchangeable, but
               | Amazon is still the single largest player by far at 36%
        
               | taeric wrote:
               | Note that I don't mean one to be a defense of the other.
               | It can be argued well that both markets are unhealthy. :D
               | 
               | To your numbers, though, I'm not sure I see the argument?
               | I'd be very surprised if that 25 is evenly split between
               | Nintendo and Microsoft. And where is Valve in that?
               | 
               | Playing into your argument, is Walmart really only 6%? Of
               | all sales that happen period, how is the online/offline
               | split? From my perspective, folks love to hate tech
               | companies. You'll see silly headlines about 1 in 169
               | people work for Amazon. You don't often see similar
               | headlines for Walmart, which has twice the associates, if
               | I recall...
        
               | arielcostas wrote:
               | And even in consoles, you have the option of never buying
               | one: you can play videogames on PC, on a tablet or on a
               | mobile phone. And now you even have the cloud option with
               | NVIDIA or MS' Game Pass Ultimate.
               | 
               | With Amazon however, it's more complicated since they
               | control so many businesses. Visiting a website? Very
               | probably it's hosted on AWS, or on a platform that runs
               | on AWS. Visiting a friend with a smart doorbell thingy?
               | Quite probably an Amazon Ring. Want to buy an e-book to
               | read? Sell your soul to either Apple, Google or Amazon,
               | or other smaller platforms (or pirate the book or buy it
               | physically).
        
               | taeric wrote:
               | Note that AWS is actually not a part of this lawsuit. So
               | that is mostly not relevant.
        
               | arielcostas wrote:
               | No, but it still is part of Amazon. In fact, as others
               | have commented, AWS helps subsidise parts of the Amazon
               | store that would otherwise result in losses.
        
               | taeric wrote:
               | But how is it at all relevant to this story? And if it is
               | a vital point, why not get mentioned by the FTC?
               | 
               | I don't think there is nothing at all there. However,
               | most of the criticisms you will see in the wild about how
               | AWS pays for retail are almost certainly from ignorance
               | of how retail had to literally seed AWS.
               | 
               | And don't take my criticism of that point as some sort of
               | promotion of Amazon. I can be critical of the complaints
               | without having to worship them.
        
           | libraryatnight wrote:
           | You can't think of a few reasons this is not a great
           | comparison? Like, base expectations to begin with would
           | disqualify this analogy as useful.
        
             | taeric wrote:
             | My kids have been confused on why I have to buy separate
             | copies of many indie games for both Steam and Playstation
             | and/or Switch. And... it actually is rather obnoxious.
        
           | protonbob wrote:
           | Ps5 games are specifically programmed for that architecture
           | and sometimes studios are paid for exclusivity. The written
           | word is universal.
        
         | jpk2f2 wrote:
         | You can easily use ebooks from anywhere on the Kindle. However,
         | agreed on the DRM. Blindsided me when I tried to open some
         | comics I had purchased on my computer (to read them in color).
         | Luckily others have already made tools to remove that DRM...
        
         | emodendroket wrote:
         | The Kindle has support for side loading books so I'm not sure
         | how it's locked to only reading Amazon purchases.
        
         | my123 wrote:
         | (disclaimer: Amazon employee)
         | 
         | For that one, it's mandated by publishers. There's nothing that
         | can be done for e-readers from vendors that don't support
         | third-party applications.
         | 
         | Amazon e-books are accessible on Android and other platforms in
         | addition to Kindle devices.
         | 
         | Kindle is also not locked to only ebooks from Amazon, but
         | third-party DRM schemes are not supported. Calibre for example
         | comes with good tooling for that use case.
        
           | criddell wrote:
           | > For that one, it's mandated by publishers.
           | 
           | I believe the publishers want DRM. I'm not sure they want DRM
           | that effectively locks in their readers to the Amazon
           | ecosystem. I don't believe publishers would be upset if I
           | could directly purchase books from Apple, Google, Kobo, or
           | any other similar vendor directly on the Kindle.
           | 
           | Is the audiobook market different? I know Cory Doctorow for
           | one would like to sell his audio books through Audible but
           | they require DRM. Care to defend that?
        
             | my123 wrote:
             | > but they require DRM
             | 
             | There's no option to sell on Kindle's own store with DRM
             | disabled indeed.
             | 
             | edit: A poster has a link saying otherwise. Will ask what's
             | up on the Audible side then.
        
               | delecti wrote:
               | Sure there is. From here
               | https://www.amazon.com/gp/product/B0879H8NNB
               | 
               | > At the Publisher's request, this title is being sold
               | without Digital Rights Management Software (DRM) applied.
               | 
               | (Specific title as just a convenient example from that
               | publisher)
        
             | emodendroket wrote:
             | Nothing prevents you from buying from a different seller
             | and reading the materials on your Kindle, other than the
             | fact those other sellers have their own DRM locking you
             | into their ecosystem instead.
        
           | thomastjeffery wrote:
           | That's because publishers practice anti-competitive behavior,
           | too.
           | 
           | We need to quit getting lost in the word, "monopoly". No part
           | of this problem is from a _single actor_ dominating the
           | entire market. The problems are anti-competitive behavior and
           | vertical integration.
           | 
           | DRM is literally _intended to support_ copyright monopoly.
           | The entire purpose and function of DRM is to prevent
           | competition in the form of  "copyright infringement".
        
           | Uvix wrote:
           | The same was true for music once upon a time, but that didn't
           | stop Apple from negotiating for DRM-free with the publishers.
        
             | my123 wrote:
             | Leverage on music was much bigger because of the position
             | that Apple had at the time, together with CDs not having
             | DRM.
             | 
             | That was a unique situation that couldn't be replicated
             | later for video and other media sadly.
        
               | gameoverhumans wrote:
               | Some cursory web searches reinforce an assumption I had:
               | Amazon absolutely dominate the eBook sales market, with
               | figures from 65-80% of _all_ sales being indicated.
               | 
               | So how can you make the case that Amazon _doesn 't_ have
               | "leverage" to negotiate DRM-free publishing?
               | 
               | > together with CDs not having DRM
               | 
               | I don't recall printed books ever having any form of
               | "DRM".
        
           | callalex wrote:
           | Amazon could leverage their market power to benefit the
           | consumer like Apple did when they eliminated music DRM.
        
             | NickC25 wrote:
             | Exactly. The publishers need Amazon, and Amazon doesn't
             | need the publishers. They have more than enough power to be
             | able to dictate terms.
             | 
             | Apple realized this and was able to bully their way to a
             | deal that worked for Apple, and the labels had no real
             | ability to counter Apple. Amazon has yet to do so.
             | 
             | Arguably, Amazon has _substantially more_ market power now
             | than Apple did back in the Jobs days when they were
             | building out iTunes and negotiating with the major labels.
        
           | m463 wrote:
           | What I can't figure out is that many books (such as Tor) have
           | a notice:                 At the Publisher's request, this
           | title is being sold without       Digital Rights Management
           | Software (DRM) applied.
           | 
           | Are these encrypted anyway on kindle?
        
         | circuit10 wrote:
         | You can at least copy files onto it if you already have non-
         | DRMed ones
        
       | miguelazo wrote:
       | Nice to finally see this, so many years after online retailers
       | (read: Amazon) were given total exemptions from sales tax in
       | order to not "stifle innovation". We subsidized the destruction
       | of brick and mortar retail, and by extension, many of the retail
       | spaces that served as community anchors. It will take decades to
       | recover, if it's even possible at this point.
        
       | tantalor wrote:
       | "most customer-centric company"
       | 
       | I don't think anybody actually buys that line.
       | 
       | Do they believe that internally?
        
         | ashbee wrote:
         | Some do, some don't.
         | 
         | I know some folks who really genuinely believe that Amazon is a
         | force for good, the criticism is exaggerated, will talk about
         | how lucky they are to work for the World's Best Employer, and
         | will get a bit sulky if you say anything negative about the
         | company.
         | 
         | Generally though, I think it's understood that "most customer
         | centric company" doesn't mean "we will put the customer before
         | ourselves because we are such good people", but instead
         | "strategically keeping the customer happy is better for the
         | shareholders in the long run".
         | 
         | It's the same with most of the LPs. They're packaged in a way
         | that makes Amazon sound like this amazing company that _really
         | cares_ , but they boil down to "16 ways YOU can enrich Amazon's
         | shareholders (you won't believe number 15!)".
        
           | Xeronate wrote:
           | I've never met anyone that thought the LPs were meant to
           | imply Amazon "really cares". I like Amazon because it seems
           | more straightforward than other companies. It's a business
           | and it wants to make money. The only way I've ever
           | interpreted "customer obsession" is that it's mutually
           | beneficial to do what's best for the customer.
        
         | InitialLastName wrote:
         | The funny thing about slogans is that you can almost always
         | count on the sloganeer to embody the opposite:
         | 
         | - Don't be evil
         | 
         | - Drain the swamp
         | 
         | - Hope and Change
        
           | Nevermark wrote:
           | - "Free"
        
             | Sohcahtoa82 wrote:
             | "Unlimited"
        
       | fasthands9 wrote:
       | >The complaint alleges that Amazon violates the law not because
       | it is big, but because it engages in a course of exclusionary
       | conduct that prevents current competitors from growing and new
       | competitors from emerging
       | 
       | >Anti-discounting measures that punish sellers and deter other
       | online retailers from offering prices lower than Amazon, keeping
       | prices higher for products across the internet. For example, if
       | Amazon discovers that a seller is offering lower-priced goods
       | elsewhere, Amazon can bury discounting sellers so far down in
       | Amazon's search results that they become effectively invisible.
       | 
       | I feel like ultimately they are accused of violations because
       | they are big. I don't think that's the worst thing. But as others
       | have pointed out - their tactics are very similar to deals
       | grocery stores and retailers make with suppliers all the time.
       | The only difference seems to be that Amazon is big enough that
       | suppliers can't legitimately threaten to take their business to
       | another store - because there isn't one.
       | 
       | Their complaints that Amazon makes prices higher for products
       | across the internet is clearly only true because they are so big.
        
         | autoexec wrote:
         | Maybe they are only so big because their anti-competitive
         | behaviors have kept alternatives from taking their users. I'd
         | love to be able to stop giving amazon as much money as I do,
         | and I know a lot of people who feel this way.
        
           | judge2020 wrote:
           | Alternatives in terms of sellers on Amazon.com, maybe, but
           | people use amazon because of how good of a product Prime is
           | (or at least, for the past few years, appears to be despite
           | it being obvious product prices go up to offset subsidized
           | shipping prices) and because it tends to have everything
           | available is a fast and secure way. With e.g. a search engine
           | showing you products, you might be sent off to one of 100k
           | stores that all need your cc info and who don't already have
           | your shipping address.
           | 
           | This is partially solved by Shopify for Shopify sites, and
           | Apple Pay/Google Pay/PayPal for third parties, but it's still
           | often more friction to go to a 3p store.
        
           | fasthands9 wrote:
           | I don't disagree with that but nonetheless it seems like the
           | behavior they are in trouble for (telling suppliers they can
           | only sell on Amazon if they don't offer cheaper prices
           | elsewhere) is something that tons of other retailers do.
           | 
           | I really don't mind their being a different set of rules if
           | someone has the ability to dictate most of the market, but
           | exclusive deals are routine for smaller players.
        
       | brianstorms wrote:
       | I signed up as a Seller on Amazon a while back, with one primary
       | goal: sell extra copies of my book, published by Pantheon Books
       | in 2017. The publisher offered me boxes of them at dirt-cheap
       | prices and I took them up on their offer. So I started selling on
       | Amazon, and I set my price as the lowest possible for "New"
       | condition hardcover.
       | 
       | For a while my price got listed on the main book product page.
       | Only briefly though. Then it disappeared, and another seller got
       | the glory of the link for a "New" 3rd party seller, and their
       | price was HIGHER than mine.
       | 
       | Amazon does not want to advertise your price if you are too low
       | for their liking...
       | 
       | Suddenly, in July, my mom dies. I have to travel to the east
       | coast for the funeral, etc., so I put a hold on the one and only
       | item in my inventory -- my book. Effectively this takes me
       | offline temporarily as an Amazon Seller which was fine.
       | 
       | BUT . . . when i get back home, I try to re-activate the account
       | and find I cannot. INSTEAD, I get this notice from Amazon that my
       | account is suspended, and that it's mandatory I go watch all
       | these training videos about COUNTERFEIT products, how to spot
       | them, why not to sell them, why it's illegal, etc, and that I do
       | not have permission to sell counterfeit "Pantheon products." And
       | I'm like, WTF? I'm selling the real deal, from Pantheon, and I AM
       | THE EFFING AUTHOR AND THESE ARE MY OWN BOOKS.
       | 
       | I try to communicate with Amazon Seller Program and get nowhere
       | (I think they deliberately hire only people who don't understand
       | English). They refuse to explain anything about this absurd
       | counterfeit stuff.
       | 
       | So I contact Pantheon. They just laugh. They had nothing to do
       | with it, but weren't surprised -- they kind of hate Amazon.
       | 
       | THEN I get a new notice from Amazon that my account is disabled
       | permanently due to lack of use.
       | 
       | WTF!?
       | 
       | So: here is my theory. They were pissed I had a super-low price,
       | and when they saw me temporarily disable my inventory as I'd be
       | away for a week for a funeral, they swept in and shut me down,
       | with some kind of made-up lie about COUNTERFEIT (I mean, can you
       | believe these guys!?). And nothing is resolved, and we're on the
       | verge of October.
       | 
       | Amazon sucks.
        
         | ClumsyPilot wrote:
         | > They were pissed I had a super-low price... they swept in and
         | shut me down, with some kind of made-up lie about COUNTERFEIT
         | 
         | If true, we have a name for this, its called fraud. Little
         | people like you and me go to prison for it.
        
           | no_wizard wrote:
           | It is funny, that small and even sometimes medium business
           | owners go to jail over things like fraud, failure to pay
           | taxes, even labor violations. I remember local instances
           | being reported on in the our (thankfully still around) local
           | paper.
           | 
           | Yet, if you are big enough, the government can barely muster
           | the strength to issue a fine. Rarely to executives at big
           | firms go to jail unless there was something Enron sized
           | egregious happening
        
         | eitally wrote:
         | My nextdoor neighbor is a shoe salesman (in the US). He
         | traditionally dealt with a region of retailers on behalf of his
         | employer, a multi-brand company like VF, Clarks, Born, etc. In
         | his previous role, he was asked to try to figure out how to add
         | Amazon as a B2C channel. He did, and it essentially became his
         | full time job. A couple of years ago he was laid off, and when
         | his new employer (differently shoe company) learned he knew how
         | to "use Amazon" he was immediately reassigned from field sales
         | to full time online. According to him, there are so many quirky
         | and esoteric things about selling through Amazon it's nearly
         | impossible to figure out how to get started, much less
         | understand nuances of pricing, taxes, shipping and returns, and
         | -- as you said -- Amazon support is conflicting and
         | inconsistent at best.
         | 
         | Nowadays, I'm fine buying consumables from Amazon if I need
         | them asap, but for any name brand stuff I specifically want, I
         | prefer purchasing elsewhere. If reviews were trustworthy, it'd
         | be one thing, but with Amazon having turned into AliExpress,
         | it's impossible to know whether any of the Chinese brands are
         | actually trustworthy and of high quality.
        
           | dirtyid wrote:
           | >it's impossible to know whether any of the Chinese brands
           | are actually trustworthy and of high quality.
           | 
           | IMO people buy cheap generic Chinese brands for the same
           | reason they buy cheap dollar store products. They're gambling
           | they can pay 30% the price for 90% of the function. Amazon
           | reseller premium = they're paying slightly more for returns
           | in case things break. They can save more buying from Ali
           | resellers. Even more while temu subsidizing orders. The only
           | people looking for quality are people who order from resalers
           | of established PRC brands, i.e. Xiaomi. In the days before
           | Amazon cracked down, you had brands like MPOW decide better
           | marketting strategy was to give people gift cards for reviews
           | and give no question asked replacements well outside of
           | warranty period. Pretty win-win for consumers.
        
         | redbell wrote:
         | Your story is a true _tragedy_ and hearing such stories makes
         | me feel sad.
         | 
         | I believe it's, mostly, these unfair, monopolistic practices
         | that made those companies _giants_ because they can,
         | technically, crush anyone willing to swim in their _red ocean_.
         | 
         | Normally, you could easily file a lawsuit against them and got
         | them pay you 10x the damage they caused.
        
           | drewbeck wrote:
           | tragedy ... giants ... red ocean ...
           | 
           | Manchurian commenter activated ... proceeding to step 2 ...
        
           | jm4 wrote:
           | Amazon became a giant because they were genuinely good before
           | they became what they are now. For a long time, they offered
           | a superior online shopping experience. The prices were good,
           | the processing time was faster than anyone else, the shipping
           | was fast and reliable, the site was easy to use, etc. Then
           | all the third party sellers, whack-a-mole Chinese brands, and
           | counterfeits took over the site. I thought Amazon was great
           | when they were the retailer instead of a marketplace.
        
         | jrockway wrote:
         | I guess we figured out their algorithm. `if random() < 0.01:
         | make_user_watch_training_video_about_counterfeits`. Even if
         | they actually fixed the problem by having an alarmingly high
         | false positive rate, I don't see how I would ever trust them.
         | For example, some places don't do business with them, so if you
         | see like an Apple cable on there, it wasn't shipped from Apple
         | to their warehouse. Maybe it's real or maybe it's counterfeit,
         | but why gamble?
         | 
         | What's great about Amazon is that they kicked their competitors
         | into gear and there are a lot of reputable vendors that offer
         | cheap overnight shipping now. (B&H is my go to for
         | electronics.)
        
         | anigbrowl wrote:
         | Sue them in small claims court. It's perfect for this, you just
         | bring in your documentation and write up a timeline for the
         | judge.
        
           | musicale wrote:
           | Interesting idea - has anyone tried this?
           | 
           | Does Amazon retaliate and ban you permanently if you win?
        
             | no_wizard wrote:
             | If you're already banned, you might as well try to get what
             | you can out of the situation.
        
               | EGreg wrote:
               | Can't the court file an injunction against banning?
               | 
               | I always wondered what would courts do about
               | extrajudicial retaliation
        
           | hippich wrote:
           | Afaik, small claims courts are for specific monetary damages
           | only. I feel like it would be hard to prove specific cash
           | amount lost due to Amazon actions. It is also very likely one
           | or more of documents one have to accept in order to open
           | seller Central account requires signing away the right of
           | settling dispute in courts, and instead use arbitration
           | process.
        
         | bombcar wrote:
         | You haven't even begun to enter the world of unscrupulous
         | activity, and Amazon is mostly 'hands off' because they don't
         | care - but other 3rd party sellers DO and they know _all the
         | tricks_ about how to pump alternative sellers off the page,
         | etc.
         | 
         | The whole thing is a worthless Alibaba ripoff now.
        
           | brianstorms wrote:
           | Do you think some other seller falsely "reported" me,
           | claiming my copies my be counterfeit, for surely there was no
           | way I could offer them so cheaply to beat out the next
           | cheapest seller by, what, 50 cents?
        
             | teruakohatu wrote:
             | > Do you think some other seller falsely "reported" me,
             | claiming my copies my be counterfeit
             | 
             | That seems the most likely reason. I am sure there are
             | services to automate these kind of blackhat actions.
        
             | actionfromafar wrote:
             | Or maybe some machine learning deduced you were
             | "counterfeit". Who knows. The common denominator is -
             | Amazon doesn't care, it's just a machine, even more so than
             | corporations by nature are.
        
         | naikrovek wrote:
         | never attribute to malice what can be explained by stupidity,
         | EXCEPT when money is involved. if money is involved, and it can
         | be explained by malice, then it is malice, _every time._
         | 
         | the other seller likely reported you as counterfeit, and Amazon
         | believed them.
        
           | jstarfish wrote:
           | > never attribute to malice what can be explained by
           | stupidity, EXCEPT when money is involved
           | 
           | The FAANG corollary:
           | 
           | When you make it a point of pride to _only_ hire the
           | smartest, most elite engineers on the planet, presumption of
           | stupidity no longer applies.
        
             | moregrist wrote:
             | Grueling rounds of leetcode interviews and system
             | architecture questions doesn't exactly select for either
             | common sense or detailed knowledge of either human nature
             | or even retail.
        
             | lief79 wrote:
             | No one knows how to hang onto a dumb idea like a smart
             | person.
             | 
             | Just because the average person can't prove them wrong by
             | argument doesn't mean their right.
        
       | costco wrote:
       | Amazon makes more gross profit in a day than the FTC has revenue
       | in a year. Good luck!
        
       | smugma wrote:
       | Time to buy AMZN?
       | 
       | https://www.wsj.com/us-news/law/the-hedge-fund-that-made-a-k...
        
         | AlbertCory wrote:
         | My prediction (you can check my results):
         | 
         | AMZN price will be largely unchanged.
         | 
         | There does seem to be some antitrust exposure there:
         | 
         | ========= Anti-discounting measures that punish sellers and
         | deter other online retailers from offering prices lower than
         | Amazon, keeping prices higher for products across the internet.
         | For example, if Amazon discovers that a seller is offering
         | lower-priced goods elsewhere, Amazon can bury discounting
         | sellers so far down in Amazon's search results that they become
         | effectively invisible.
         | 
         | Conditioning sellers' ability to obtain "Prime" eligibility for
         | their products--a virtual necessity for doing business on
         | Amazon--on sellers using Amazon's costly fulfillment service,
         | which has made it substantially more expensive for sellers on
         | Amazon to also offer their products on other platforms. This
         | unlawful coercion has in turn limited competitors' ability to
         | effectively compete against Amazon.
        
           | WillPostForFood wrote:
           | _Conditioning sellers' ability to obtain "Prime" eligibility
           | for their products--a virtual necessity for doing business on
           | Amazon--on sellers using Amazon's costly fulfillment service_
           | 
           | Isn't Prime a fulfillment service in this context? How would
           | a seller be Prime eligible without using Amazon fulfillment?
        
             | AlbertCory wrote:
             | Good point. Weakening FTC's case still further.
        
             | thomastjeffery wrote:
             | Prime is both a fulfillment service _and_ an exclusive
             | marketplace category.
             | 
             | I do think the FTC should be more direct about prosecuting
             | the vertical integration of Amazon's marketplace,
             | fulfillment, and delivery services.
        
         | [deleted]
        
         | gorbachev wrote:
         | Nah. You buy stock in the law firm(s) representing Amazon on
         | this. Assuming they're a publicly traded.
        
           | bpicolo wrote:
           | Publicly traded law firms aren't currently a thing in the US,
           | because non-lawyer ownership (or in this case, partial
           | ownership) of law firms has been against legal ethics codes
           | for a long time:
           | https://www.reuters.com/legal/legalindustry/practice-
           | innovat...
        
       | cosmonoot wrote:
       | Why now?
        
       | gigatexal wrote:
       | Was there a similar action taken against Walmart when they were
       | crushing small and large suppliers alike?
        
         | sparrc wrote:
         | Nope, the FTC has been historically toothless from 1990-2020 or
         | so. Some people (such as Lina Khan and Joe Biden) are trying to
         | turn that around.
         | 
         | Doesn't seem likely to fully turn around as the next Republican
         | president will likely appoint another toothless chair of the
         | FTC.
         | 
         | Democrat presidents for the foreseeable future will probably be
         | going after big companies more than their predecessors in the
         | 90s and early-2000s did.
        
       | iteratethis wrote:
       | What this world needs is pro-active legislation.
       | 
       | The current state of Amazon is the result of a very slow
       | trajectory taking 20 years. It happened in plain sight and still
       | we allow it to grow until it's a monster where most of commerce
       | has to submit to.
       | 
       | We allow Google to become the leading search engine, advertiser,
       | browser maker, mobile operating system maker. Effectively owning
       | the internet. These should be 4 companies, not one. And even the
       | 4 companies should not be of the current size.
       | 
       | Stop allowing companies to grow into platforms, gatekeepers,
       | monopolists that squeeze everybody dry.
       | 
       | The current state is anti-market and anti-capitalistic. There no
       | longer is any market when you allow these monstrosities.
        
       | billy99k wrote:
       | I was an Amazon seller 10 years ago. I noticed that as soon as I
       | started getting some traction, Amazon would start selling
       | alternatives and undercut me. At some point they started asking
       | for proof of sales. This was then further used to compete against
       | me.
       | 
       | At some point, I had a complaint, refunded the customer
       | completely, and they outright banned my account and held my money
       | for 90 days (I got all of my money back after the 90 days). It
       | completely wiped my business out and I never looked back.
       | 
       | I was banned to the point where if another seller was associated
       | why my account at all, they were also banned. All of my calls
       | went nowhere and I was pushed to automated responses.
       | 
       | 12+ years later and I have my seller account back. Not like I'm
       | ever going to sell anything on Amazon again.
        
       | adra wrote:
       | It sounded like their audiobook division was acting in anti-
       | competitive ways to push authors into single platform
       | exclusivity. I wonder what else they're up to.
        
       | skilled wrote:
       | Maybe interesting to some, but during the recent Google updates
       | (core and "helpful"), Amazon had more than $100M of search
       | traffic value wiped out,
       | 
       | https://i.imgur.com/5HpZT6Z.jpg
       | 
       | Google absolutely launched a nuke at Amazon.
        
         | summerlight wrote:
         | Is it a meaningful volume for Amazon at all? I thought the
         | majority of US/EU customers begin their search from Amazon and
         | just skip Google when it comes to shopping.
        
           | skilled wrote:
           | I would say yes, for first-time customers for sure it is
           | significant.
        
         | rob74 wrote:
         | Well that depends on how many people still use Google to search
         | for products, and how many go directly to Amazon...
        
         | jedberg wrote:
         | Where did that chart come from?
        
           | skilled wrote:
           | Ahrefs. It's basically a backend UI for how Google rankings
           | change over time for the entire web.
        
             | jedberg wrote:
             | Fascinating, thank you. I haven't been in the SEO space for
             | a while, so I haven't seen all the fancy tools. Appreciate
             | the info.
        
         | eh_why_not wrote:
         | > ... during the recent Google updates (core and "helpful")...
         | 
         | What were those updates exactly?
        
           | skilled wrote:
           | https://status.search.google.com/incidents/nBtYtBeex4GYBbdDS.
           | ..
           | 
           | https://status.search.google.com/incidents/53diuQvcEsgzqXTPB.
           | ..
        
             | eh_why_not wrote:
             | Thanks. For others like me not in the SEO world, extracted
             | below the links for what "core updates" [0] and "helpful
             | content updates" [1] are, according to Google.
             | 
             | [0] https://developers.google.com/search/updates/core-
             | updates
             | 
             | [1] https://developers.google.com/search/updates/helpful-
             | content...
        
         | topicseed wrote:
         | And nuked affiliate sites that promoted Amazon links primarily,
         | wild.
        
       | rob74 wrote:
       | > _Conditioning sellers' ability to obtain "Prime" eligibility
       | for their products--a virtual necessity for doing business on
       | Amazon--on sellers using Amazon's costly fulfillment service_
       | 
       | I'm no fan of Amazon, but that kind of makes sense - if they use
       | another fulfillment service, Amazon wouldn't be able to guarantee
       | next-day delivery for their products?
        
         | MarCylinder wrote:
         | Amazon does currently have a "seller fulfilled" Prime service.
         | They disabled for awhile, and recently brought it back
         | 
         | Consumers pay for Prime, and with it the 2 day shipping on
         | eligible items, and so they prefer buying items with Prime
         | eligibility. I must disagree with the "costly" description, as
         | cost incurred shipping with Amazon and drastically lower than
         | shipping with other services.
         | 
         | Having worked with dozens of businesses on establishing their
         | Amazon account, there are very few that can move the volume
         | needed to achieve the economies of scale necessary to match the
         | costs of using FBA services.
        
       | xyst wrote:
       | Decouple Amazon Warehouse division from Amazon Web Services (AWS
       | largely subsidizes losses incurred by warehouse division), then
       | we will see change.
       | 
       | Right now FTC going after low hanging fruit. But we all know
       | Amazon will challenge it in court, appeal, appeal, appeal, pay
       | the reduced fine, slow roll any changes, and business will
       | continue as usual.
       | 
       | Break up the tech giants and each individual unit cannot survive
       | as-is.
        
         | SoftTalker wrote:
         | Yep. I'd say Amazon should be split at least four ways: AWS,
         | their delivery/fulfillment operation, the web shopping
         | platform, and the "Amazon Basics" and other product brands.
         | 
         | Edit: just saw that ihaveajob posted the same idea in another
         | reply.
        
         | dawnerd wrote:
         | Just breaking off AWS would be enough to see change. I see
         | people saying they should spin off their house brands but that
         | wouldn't fly when other big retailers also sell their own
         | brands along side third parties.
        
       | jollofricepeas wrote:
       | FBA seller here.
       | 
       | A lot of mom and pop businesses (~$20 million) have been built on
       | Amazon over the past 10 years. Most of us are in the $250k to $5
       | million dollar range.
       | 
       | The impact of Amazon's monopoly power is felt big time by us as
       | we're being squeezed with no place left to go online especially
       | post-iOS change.
       | 
       | Our second option used to be the Facebook/Instagram/TikTok to
       | Shopify connection but with that being dead in the water most of
       | us have had to commit 100% to FBA to be able to stay afloat.
       | 
       | With the increase in inflation and Amazon abusing its power to
       | significantly raise its prices for FBA and force us to use its
       | advertising services our revenues have been severely impacted.
       | 
       | This doesn't include their unwillingness to meaningfully fight
       | counterfeits
       | 
       | Or that they penalize you if you attempt to drive sales elsewhere
       | with lower pricing on other sites
       | 
       | Bloomberg did a write up on this a few months back:
       | 
       | https://www.bloomberg.com/news/articles/2023-02-13/amazon-am...
        
         | mvdtnz wrote:
         | How much do you personally shop at Amazon versus other outlets?
        
         | karaterobot wrote:
         | I had to look this up, so for other ignoramuses like me:
         | 
         | FBA is Fulfillment by Amazon, where you sell things on Amazon
         | and they handle payments and shipping to customers.
        
           | m463 wrote:
           | I think this is basically becoming a de-facto monopsony for
           | some folks:
           | 
           | https://en.wikipedia.org/wiki/Monopsony
        
           | barryrandall wrote:
           | And the vast majority of the products are just rebrands from
           | Alibaba. As a matter of fact, there's an entire economy
           | centered around finding products on Alibaba to resell on
           | Amazon.
        
             | avereveard wrote:
             | It's a super interesting segment there are like millions
             | details for the system to work even if the basic product is
             | the same you can have your own barcode and serial number
             | label attached, you can personalize the packaging, you will
             | have to translate the manual, the are entire microverticals
             | that exist just between the no brand manufacturer and the
             | guy flipping the product on a marketplace even before
             | shipping takes it out of the factory you're already paying
             | like four or more services provider, plus coordinators to
             | make all that happen.
        
           | blibble wrote:
           | it's a genius business for a "retailer"
           | 
           | normally they'd need to pay for storage, stock, liquidation
           | of stock they didn't sell, returns etc
           | 
           | and instead now you pay for all of that for them
           | 
           | and what do you get in return?                  - a listing
           | on page 17 of their ever increasingly shitty website behind
           | legions of MINFARTO, PATRONICS and GIBRANKER aliexpress
           | garbage        - customer service staff with an inability to
           | understand simple english or basic problems        - your
           | genuine stock mixed with counterfeits, that then they
           | penalise you for        - paying to give your sales
           | information to them as a potential competitor, as if you do
           | well they'll ripoff your product
           | 
           | and they take essentially absolutely no risk whatsoever
           | 
           | not a good deal at all
        
             | musicale wrote:
             | I would believe those are actual brand names.
             | 
             | Has anyone created software or a web site to generate
             | hilarious Amazon brand names automatically?
             | 
             | Edit: Looks like there are lots of AI-fueled
             | Amazon/business name generators. Most of the names weren't
             | as funny as your examples, though I got some good ones
             | (electrofakes.com, etc.) from prompts like "low quality
             | tech products" and "cheap knockoff technology products."
             | 
             | Another site gave me the more Amazon-appropriate LAMOFY,
             | HOROLY, YORBAX, etc. (all with .com domains and premade
             | logos.)
             | 
             | As the NYT noted, "Amazon is to fake products as Facebook
             | is to fake news."
        
               | civilitty wrote:
               | My favorites are HILETGO, KeeYees, AITRIP, "Oi ya gai",
               | Treedix, and Gikfun.
               | 
               | I bought products from all these Amazon vendors last
               | year, hilariously they're still around.
        
               | toast0 wrote:
               | I mean, MINFARTO has legs.
               | 
               | But then again, I remember seeing COBY products right
               | next to SONY products and I guess they're still around.
               | :)
        
               | ilkke wrote:
               | SQMY is my fav SONY 'tribute brand'
        
             | internet101010 wrote:
             | Oh and if you want your inventory isolated so that it
             | doesn't it mixed in with counterfeits... that's another
             | fee.
        
         | hrdwdmrbl wrote:
         | > Our second option used to be the Facebook/Instagram/TikTok to
         | Shopify connection but with that being dead in the water most
         | of us have had to commit 100% to FBA to be able to stay afloat.
         | 
         | Can you explain this further?
        
         | catiopatio wrote:
         | > post-iOS change
         | 
         | What is the iOS change you're referring to?
        
           | [deleted]
        
           | loldk wrote:
           | [dead]
        
           | likpok wrote:
           | ATT, where apple hobbled other ad networks running on iOS. It
           | used to be that DTC companies could use the fine-grained
           | targeting offered by FB and Google to reach consumers without
           | needing to go through a major distributor. Since the
           | targeting is much less effective it's more expensive
           | (potentially uneconomically so) to reach people. As a result,
           | sellers are forced back to Amazon.
        
             | fsckboy wrote:
             | was there also any change related to Apple wanting a cut of
             | anything sold through an app, and how the Amazon shopping
             | app works on iOS, and could that also affect 3rd parties?
        
               | turquoisevar wrote:
               | No, physical goods have always been excluded from Apple's
               | commission
               | 
               | In fact they explicitly prohibit using in-app purchases
               | for physical goods, presumably because they don't want to
               | deal with the headache that comes with providing customer
               | support for those transactions.
        
             | babypuncher wrote:
             | Businesses got along just fine before all that intense user
             | tracking was even possible. If your business absolutely
             | needs it to survive, then your business doesn't deserve to
             | survive.
             | 
             | "boo hoo, I can't invade my users privacy anymore! Waaaaah!
             | It's unfair"
        
               | kmeisthax wrote:
               | A lot of the old machinery for small businesses to find
               | their customers - e.g. news, hobbyist magazines, etc - is
               | no longer around, and so there's nothing for those
               | businesses to return to. The Internet, and specifically
               | advertising companies, killed them off. What's unfair is
               | not that they can't violate privacy, but that Amazon
               | still can.
        
               | catiopatio wrote:
               | Weren't those outlets even _less_ targeted?
        
               | kmeisthax wrote:
               | The key was that people self-selected into those outlets.
               | If you were selling, say, game controller skins; you'd be
               | making a pretty sure bet buying ads in GameInformer or on
               | Joystiq. The problem with going back to that kind of
               | business model is that these dedicated websites with
               | specific niche audiences are dead or dying because the ad
               | dollars moved elsewhere.
        
               | morkalork wrote:
               | Shouldn't the ad dollars be moving back in after super
               | targeted advertising got neutered?
        
               | Schiendelman wrote:
               | It kind of is. Look at magazines like Monocle, and
               | websites like Uncrate, Hiconsumption, and Gearpatrol.
        
               | babypuncher wrote:
               | Is Amazon somehow exempt from the App Store's privacy
               | rules?
        
               | comex wrote:
               | For one thing, the privacy rules only cover sharing data
               | with third parties. They don't cover Amazon using its own
               | data for product recommendations.
               | 
               | But also, Amazon doesn't rely on product recommendations
               | in the first place. When I want to purchase something, I
               | usually go to amazon.com and type in exactly what I'm
               | looking for. No need for Amazon to guess. Amazon does
               | make recommendations, but at least in my case they
               | represent a tiny fraction of purchases.
               | 
               | In that way I'm voluntarily contributing to Amazon's
               | monopoly. I feel bad about that. But I use Amazon anyway
               | because there are no alternatives that offer even a
               | remotely comparable buyer experience.
        
               | _jal wrote:
               | Amazon has its own enormous scale, it doesn't need
               | Apple's complicity.
        
               | elzbardico wrote:
               | Business didn't have to compete with Amazon in so
               | stringent conditions. People even were able to (gasp!)
               | maintain physical stores, etc etc etc
        
             | lancesells wrote:
             | I work with DTC Shopify brands and I personally haven't
             | found the ATT hurting ads performance in both Meta and
             | Google. I'm sure YMMV but I've not seen it since it
             | started. Maybe I work with very broad targeting compared to
             | others.
        
             | crznp wrote:
             | Lots of TLAs:
             | 
             | ATT: Apple's App Tracking Transparency, not AT&T
             | 
             | FBA: Fulfillment by Amazon, not related to FB
             | 
             | DTC: Direct To Consumer, not Depository Trust Company
        
               | oezi wrote:
               | What is a TLA?
        
               | ayewo wrote:
               | TLA = Three Letter Acronym
        
               | adolph wrote:
               | TIL TLA's meaning
        
               | PH95VuimJjqBqy wrote:
               | TIL = Today I Learned
               | 
               | Sorry, couldn't resist :)
        
               | Damogran6 wrote:
               | and ETLA = Extended Three Letter Acronym
        
               | [deleted]
        
               | [deleted]
        
         | pcurve wrote:
         | wow... that BB article makes me sad.
         | 
         | https://archive.ph/yw3Bv
         | 
         | In 2016, they collected 35.2%. In 2022, they collected 51.8% in
         | fee.
         | 
         | That's insane.
        
           | WalterBright wrote:
           | > they collected 51.8% in fee. That's insane.
           | 
           | Back in the 80's, my company sold compilers through third
           | party mail order houses. They all demanded providing the
           | product to them at 50% of their selling price.
           | 
           | It's what having somebody else advertise, collect orders,
           | process payments, ship, and deal with returns is always going
           | to cost you.
           | 
           | If it's unacceptable to your business, sell directly. My
           | company did both.
        
             | Guvante wrote:
             | You can't offer lower prices directly so Amazon forces all
             | your customers to pay for their services whether they get
             | them or not.
             | 
             | Or you can not be on Amazon but "just don't sell Windows if
             | you don't want to pay extra" didn't work for Microsoft...
             | 
             | Amazon charges for all of those things still. This isn't
             | 50% off and we deal with everything it is ~50% but you
             | still take all economic risk.
        
           | PaulDavisThe1st wrote:
           | This is not a defense of Amazon.
           | 
           | A neighbor of mine who makes high end silver jewelry was
           | doing fine with the gallery he used (in Santa Fe). The
           | gallery collected about 30% of his sales price in fees.
           | 
           | Another gallery approached him, asked to represent him
           | instead. They took 50% in fees. He switched anyway.
           | 
           | His income went up (and stayed up). Presumably the new
           | gallery provides some combination of better environs, more
           | and/or different customers, better salespeople.
           | 
           | It still seems wrong that fees could be this high, for a
           | jewelry gallery or for amzn. But it shouldn't be assumed that
           | the high fees necessarily mean reduced income for the
           | original seller.
        
             | pcurve wrote:
             | "But it shouldn't be assumed that the high fees necessarily
             | mean reduced income for the original seller."
             | 
             | I agree. It just gets passed down to the customers. Most of
             | my shock was directed at the 50% increase in fee in just a
             | few short years. You can't do that without having a lot of
             | leverage.
        
               | wolverine876 wrote:
               | > It just gets passed down to the customers.
               | 
               | That's a common but not an accurate belief:
               | 
               | As a business owner pricing a product or service, if your
               | costs increase you can either take the marginal cost out
               | of your net income or increase the price.
               | 
               | Taking it out of your net income is simple: You keep
               | prices the same, revenue remains the same, and profit
               | drops a bit.
               | 
               | Increasing the price is more complex; you are changing
               | one component in a system of dynamic feedback: When you
               | raise the price, fewer people buy your product, so the
               | outcome may be less revenue and less profit. The impact
               | of price changes on purchasing is called _elasticity_ :
               | Some products - e.g., fancy restaurant meals - are easily
               | forgone and are thus price sensitive. Others, like
               | necessary healthcare, can be priced extortionately and
               | people will still buy it.
               | 
               | Arguably, if you are the mythical optimal manager, you've
               | already priced your product to maximize revenue and
               | therefore any change will decrease it. In that case,
               | price increases will only worsen your profit.
               | 
               | The reason for your price increase is orthogonal to the
               | customer's purchase decision - you raise the price, they
               | buy less. They usually don't know and don't care why - do
               | it for greed, to cover additional cost (and maintain your
               | beloved profit margin), because your finger slipped on
               | the price-your-goods app, whatever.
        
               | robertlagrant wrote:
               | It's not just elasticity. The main weight on your prices
               | is your competitors' prices.
        
               | [deleted]
        
           | [deleted]
        
           | s0rce wrote:
           | Depending on what services they provide that might not be
           | terrible, its basically high end art gallery margins, but for
           | consumer products with low margins that seems unsustainable.
           | I'm curious how much AliExpress takes.
        
             | freeone3000 wrote:
             | Between 5-8% commission, and you're responsible for your
             | own warehousing and shipping.
        
           | steveBK123 wrote:
           | Yup, it makes me wonder what % of consumer goods for sale via
           | FBA are from retail theft rings. 52% fees on stuff that cost
           | you $0 ain't bad. Otherwise, it's very very bad.
        
             | nwiswell wrote:
             | The 52% is dominated by small crap items that basically
             | cost $0 in bulk from China (cables, phone cases, etc)
             | 
             | On these items Amazon fully realizes they can charge 90%
             | and the seller is still making a profit, so they do.
             | 
             | If you're selling appliances or TVs or computers the % is
             | not nearly that bad.
        
               | steveBK123 wrote:
               | Would be curious to see numbers on the bigger items. Have
               | you used FBA?
               | 
               | The warehouse and shipping fees on such large & heavy
               | items would be onerous would be my guess.
        
               | nwiswell wrote:
               | > Would be curious to see numbers on the bigger items.
               | Have you used FBA?
               | 
               | Yeah, I've done enough FBA to rank somewhere between a
               | serious hobbyist and an actual lifestyle business.
               | 
               | There is a sweet spot. If you're selling lightweight crap
               | items, even the small shipping and fulfillment costs
               | still tend to dominate. If you sell huge stuff, the
               | shipping will bite, but not as bad as you'd expect --
               | Amazon has very good rates. The big problem for bulky
               | items tends to be warehouse fees, and also the logistics
               | of getting it to the FBA warehouse in the first place.
               | 
               | I'd say around 1 cubic foot is exactly where you want to
               | be (with the dimensions carefully chosen to keep you in a
               | favorable category, of course). I believe 18"x14"x8" is
               | the biggest legal standard package.
               | 
               | Somewhat counter-intuitively, if you miss that standard
               | cutoff, you might as well go big (3+ cubic feet) since
               | you're paying the same oversize rate either way, the only
               | drawback is warehouse costs. There's sort of a no-
               | man's-land in between toaster-size and microwave-size.
               | 
               | Anyway, here's the actual fulfillment fees, if you're
               | curious (notice how reasonable the rates are in the
               | "Large Standard" range):
               | 
               | https://sellercentral.amazon.com/help/hub/reference/exter
               | nal...
               | 
               | https://sellercentral.amazon.com/help/hub/reference/exter
               | nal...
        
         | seatac76 wrote:
         | Thanks for sharing your experience. Do you think Amazon dropped
         | the planned fee they were going to charge for those sellers who
         | don't use prime, in anticipation of this suit? Would that have
         | impacted you?
        
         | nwiswell wrote:
         | I can't help but think that Amazon should be replaced with a
         | non-profit or regulated public utility that provides a single
         | unified online marketplace, part of internet infrastructure
         | like ICANN. Sellers would select among competing fulfillment
         | services (warehouse+shipping). Platform referral fees would go
         | toward customer remediation, anti-counterfeiting, and review
         | integrity.
         | 
         | I don't merely say this as a "fuck Amazon" reflex or a "fuck
         | capitalism" reflex. I say it because it obviously would allow
         | so much of the dying segment of mom and pop small business to
         | become viable again. Just from a policy perspective it's a home
         | run because it's a way to juice GDP, improve consumer
         | purchasing power, AND reduce income inequality.
         | 
         | As a matter of fact I would suggest that Amazon as it exists is
         | _anti-capitalist_. It is feudal. Capitalism is the deployment
         | of capital and assumption of risk in pursuit of new value
         | creating activity. Amazon is not marshalling new capital to
         | innovate or improve its digital marketplace. Rather, Amazon
         | simply owns digital real estate and extracts rent, like some
         | kind of futuristic dystopian corpo-baron.
         | 
         | The best part of all this is that Amazon doesn't have to be
         | forcibly nationalized or broken up or anything like that. The
         | government just needs to support and endorse a good
         | alternative, because _Amazon seriously sucks._
        
           | blibble wrote:
           | > I can't help but think that Amazon should be replaced with
           | a non-profit or regulated public utility that provides a
           | single unified online marketplace, part of internet
           | infrastructure like ICANN.
           | 
           | if the market was working correctly Amazon's profits would be
           | driven down to zero and you'd effectively have this
           | 
           | > As a matter of fact I would suggest that Amazon as it
           | exists is anti-capitalist. It is feudal.
           | 
           | absolutely
        
             | nwiswell wrote:
             | > if the market was working correctly Amazon's profits
             | would be driven down to zero and you'd effectively have
             | this
             | 
             | Are you sure? Consumer behavior seems to be to simply go to
             | their default marketplace rather than to search the whole
             | internet (which is slow, painful, and low-trust), so it
             | ends up being a winner-take-all system where alternative
             | marketplaces like eBay are almost irrelevant and Amazon
             | charges whatever they like and basically ignores
             | counterfeiting and review fraud.
             | 
             | There are "natural monopolies", like with roads and power
             | distribution networks, and I would argue that online
             | marketplaces have turned out to be another one, and we
             | should modify our public policy to reflect that.
        
             | ben0x539 wrote:
             | What's the recourse if the market isn't working correctly?
        
               | drc500free wrote:
               | Currently, the FTC suing them. Eventually, some sort of
               | breakup and strict rules about counterfeits and house
               | brands.
        
         | reagan83 wrote:
         | Great insight overall - can you describe more on the FB/IG/TT
         | to Shopify connection not working or now dead?
        
           | deltree7 wrote:
           | [dead]
        
           | reagan83 wrote:
           | Context on my question: I run one of the that works on this
           | connector at IG - email me rbw at fb.com I'd be happy to
           | connect and filter this feedback.
        
           | lokar wrote:
           | Apple mostly prevents narrow targeting on iOS now
        
             | pmarreck wrote:
             | So basically, Apple's focus on user privacy had the knock-
             | on effect of ruining Amazon's potential competition?
             | 
             | That's astoundingly rich
        
         | babypuncher wrote:
         | what on earth did iOS change that impacts your amazon business?
        
           | deltree7 wrote:
           | [dead]
        
           | beckingz wrote:
           | Privacy. The iOS improvements to privacy with advertiser ID
           | becoming opt-in instead of opt-out has been brutal on
           | targeted advertising.
        
             | babypuncher wrote:
             | sounds like a good thing to me
        
         | mrraj wrote:
         | From the Bloomberg article :
         | 
         | "Chuck Gregorich, who sells fire pits and outdoor furniture,
         | says turning a profit on Amazon is getting harder. One of his
         | popular fire pits costs $200, of which Amazon takes $112 for
         | its commission, warehouse storage, delivery and advertising.
         | That leaves him with $88 to pay the manufacturer, ship the
         | product in from China and cover his overhead."
         | 
         | I have a hard time sympathizing here. They farm out
         | manufacturing to China and logistics/warehousing to Amazon, and
         | then also lend brand to a marketplace they don't own. Assuming
         | this is how FBA selling works on Amazon, it sounds like the low
         | profits they make are just a byproduct of them not actually
         | doing much work.
        
           | afavour wrote:
           | There's maybe a chicken/egg scenario here. Perhaps, knowing
           | the cut they would have to give to Amazon, they had no option
           | but to manufacture in China?
        
           | BeetleB wrote:
           | Yes - some of the complaints seem legitimate (e.g. burying
           | search results really far low - that hurts me as a buyer, and
           | hurts the seller).
           | 
           | But complaining that you need to use Amazon's warehouses to
           | be part of Prime? That's rather obvious! You can always sell
           | as non-Prime. Many do and are successful at it!
           | 
           | Basically, Amazon allowed many businesses to exist by
           | creating a very convenient way to sell. Chances are a lot of
           | businesses selling on Prime who are complaining would not
           | have been able to exist at all.
           | 
           | (Source: I'm a former FBA seller).
        
           | thomastjeffery wrote:
           | Considering they have to pay 56% of their revenue to Amazon,
           | how do you expect them to be able to afford locally
           | manufactured products?
        
             | verdverm wrote:
             | Do the fees and commissions scale linearly with product
             | price? Are any of them flat fees or capped?
             | 
             | Perhaps selling a higher priced product would find a lower
             | share going to Amazon?
             | 
             | I don't know myself
        
             | highwaylights wrote:
             | It wouldn't matter if they could, Amazon can still acquire
             | and sell them for less regardless.
             | 
             | The only viable business here would be a product you have a
             | patent on and/or
        
           | meesles wrote:
           | You make a good point, but I think the parent point is true
           | as well. You still have people actually producing work,
           | unable to compete on these platforms where Amazon will
           | literally make a copy of their product at a lower price.
           | 
           | This is the result of commoditizing 'starting a business' to
           | the point of near-worthlessness in the bottom 50%+. Like you
           | say, I don't value the businesses that simply re-sell re-
           | labeled products without ever interacting with anything very
           | much. But let's not confuse the 'spam' of the problem with
           | the squashing of actual business that this is historically
           | known to cause.
        
             | newsclues wrote:
             | "This is the result of commoditizing 'starting a business'
             | to the point of near-worthlessness in the bottom 50%+."
             | 
             | Is this not just a market effect of saturating the market
             | with competition because suddenly running a business is
             | comparatively easy (communications technology, platforms
             | and existing logistics and production networks) to any
             | other era.
             | 
             | I can probably start a company drop shipping crap on Amazon
             | in a short amount of time with a smartphone from my
             | bedroom. The barrier to entry has dropped, rather quickly.
        
             | BizarroLand wrote:
             | Amazon is basically allowing sellers to carry all the risk
             | while product testing and marketing a product.
             | 
             | If it does well enough, Amazon can use the same
             | manufacturer and release a branded "Amazon Basics" version
             | that pops up in the same search for the same product but
             | cheaper as Amazon doesn't have to pay someone else $112 for
             | the listing and warehousing, and the original seller that
             | did all of the actual "work" (as far as making it a
             | profitable venture) is SOL.
             | 
             | Throw in a few dozen word salad named drop shippers who
             | undercut Amazon in exchange for increased shipping times
             | and the originator is wedged out of the market or cut to
             | razor thin margins for years of effort.
             | 
             | Rinse and repeat.
        
               | highwaylights wrote:
               | Yes, but the argument is that drop-shippers aren't really
               | producing any value.
               | 
               | It's not like they're putting banners over their product
               | pics saying "hey, you know you can buy this exact same
               | product for like half the price on alibaba if you're
               | willing to wait a couple more weeks for it right?".
               | 
               | I don't like Amazon consolidating this much power either
               | but if they can push you out of your business that easily
               | you weren't the critical component of it.
        
               | abduhl wrote:
               | What's the problem here? If you don't have a durable
               | competitive advantage then you're going to get eaten up.
               | First movers should not get a license to continue to reap
               | a profit in a competitive market absent real innovation,
               | which would come in the form of reputation (trademark) or
               | technology (patent). Drop shippers who can be displaced
               | by Amazon in the way you discuss have neither. They
               | already made a profit on the front end, so don't feel bad
               | for them just because they can't continue to rent-seek.
        
               | letsdothisagain wrote:
               | The anti-competitive bit is they have all the sales
               | information that would typically be a trade secret for a
               | company.
               | 
               | Go ahead, call up your local 7-11 and ask them what their
               | sales were for the quarter. They'll tell you to fuck off.
        
               | BizarroLand wrote:
               | The problem is being both the platform and a competitor.
               | 
               | They have an inside advantage that no one else on the
               | planet outside of ebay and Alibaba (and its ilk) have.
               | 
               | It entrenches them and enriches them unjustly. They make
               | profit off of their competitors and have the option of
               | destroying anyone who rubs them the wrong way without
               | repercussion. The capitalistic market cannot speak on the
               | matter as there is a monoposonistic gatekeeper on the
               | market path.
        
             | notyourwork wrote:
             | Is drop shopping the kind of business to fight for
             | supporting? That's all this is.
        
           | notyourwork wrote:
           | Ding ding ding. Middlemen get squeezed and are mad about it
           | would be equally fair headline here.
        
             | omnimus wrote:
             | Amazon is also the middlemen.
        
           | mlsu wrote:
           | I know that there's the "5x rule" -- BOM cost is supposed to
           | be 5x less than retail.
           | 
           | Is there such a rule for fulfillment and delivery?
           | 
           | Of course, 56% seems monstrously high to me, but then again,
           | so did 5x BOM cost before I had that explained.
        
         | steveBK123 wrote:
         | I ran a small FBA business for a year nowhere near any scale
         | and it was an interesting lesson. People who weigh in on these
         | tech topics should actually try these things out to understand
         | them better.
         | 
         | It's nothing like listing on eBay where there's some haircut
         | off the top and that's that.
         | 
         | There are fees for - accepting inventory, holding inventory,
         | returning unsold inventory, shipping sales, processing returns,
         | destroying returns, transaction fees, ads to promote your
         | listings in market, and probably 5 other things I forget.
         | Depending on the fee it is - fixed, % of $, weight based,
         | volume based, or some combination.
         | 
         | The fees change constantly with not much notice. So every time
         | you think you've got just the right size/weight/price balance
         | you get screwed. And where else are you going to go?
         | 
         | Like Uber drivers, I imagine some % of FBA sellers don't know
         | they are losing money in real time. You need to do some decent
         | accounting to track as all these different fees hit at
         | different times. It's not like Amazon gives you the data &
         | tools to track your all-in costs per sale.
        
           | WalterBright wrote:
           | Ebay doesn't do fulfillment, which is why they take a smaller
           | cut.
        
             | steveBK123 wrote:
             | Correct. My point is that people only casually familiar
             | don't realize how vertically integrated the FBA model is.
             | 
             | FBA is like eBay, PayPal, FedEx, Google Ads and a warehouse
             | all wrapped into one. But they charge you varying types of
             | fees based on different measures, at different times, for
             | each of those parts of the stack. And you cannot cross
             | shop, mixing and matching other vendors in to keep them
             | honest on pricing.
             | 
             | It's easy to use, but you are locked in to their stack.
        
               | ToucanLoucan wrote:
               | Why shouldn't they? You've arranged to have product you
               | didn't create shipped to a warehouse you don't operate to
               | be stored by a system you don't maintain to be sold on a
               | storefront under a brand you made up and that you didn't
               | create to be fulfilled by a shipping apparatus instead of
               | you going to the UPS Store. What exactly are _YOU_ doing
               | here that merits a payday? Mediating a relationship
               | between Amazon and a Chinese manufacturing firm? They
               | already have tons of those.
               | 
               | The entitlement these entrepreneur types exhibit is the
               | economic equivalent of wind-drag. If buying stuff from
               | random AliExpress sellers and charging 300% markup to
               | sell it to people who don't know better on Amazon isn't
               | working out for you, maybe you should find a way to
               | contribute to the economy instead of just inserting
               | yourself between existing profitable businesses and
               | demanding money for sending some emails.
        
               | svpk wrote:
               | If it's legal they should do it because it's evidently
               | profitable. If it's not legal then they shouldn't do it
               | because it's illegal. Which is really the question at
               | hand.
               | 
               | You're criticism seems to be grounded in a distaste for
               | the kind of business being done (and I think it's quite
               | fair to be critical of the business model based on cheap
               | Chinese labor). But that's not really relevant to the
               | question of did Amazon utilize anti-competitive behavior
               | that violates the laws that govern how businesses are
               | allowed to behave.
        
           | BeetleB wrote:
           | Disclaimer: Former FBA seller here.
           | 
           | > So every time you think you've got just the right
           | size/weight/price balance you get screwed. And where else are
           | you going to go?
           | 
           | You've skirted around the obvious question: Why did you pick
           | FBA to begin with? Amazon sellers existed long before FBA.
           | They did their own shipping, so almost none of those fees
           | apply. Many sellers continue to do well on the Amazon
           | platform while _not_ being part of FBA.
           | 
           | If you can't succeed without participating in FBA, then all
           | that's happened is Amazon created an environment for
           | previously unviable businesses to succeed, and has merely
           | tightened it.
        
             | agentgumshoe wrote:
             | I think a more obvious question is how are Amazon making
             | this possible if it's not profitable otherwise?
        
               | BeetleB wrote:
               | Amazon gets to negotiate good shipping rates, and has
               | larger economies of scale than a regular business can
               | achieve.
               | 
               | In general, cost per unit is cheaper if you have more
               | volume.
        
           | shiftpgdn wrote:
           | AWS works this way too but I'll get dogpiled by Amazon
           | sycophants and other people who have built their careers
           | around getting witless companies sucked into the Amazon
           | machine.
        
             | fpgaminer wrote:
             | At least AWS gives me an invoice each month with a break
             | down of fees. GCP just sends an invoice for the total
             | amount. No detail, no breakdown. And I have never gotten
             | any of GCP's many different pages under their billing
             | system to spit out any numbers that make sense. Pick your
             | poison?
        
             | smallnix wrote:
             | Steve gave examples for the different kind of fees and that
             | it's hard to track them and why. I wanted to ask you for
             | examples for AWS. Would be good to know concrete pitfalls
             | and traps.
        
               | genewitch wrote:
               | egress fees, inter-DC transfer fees, IP fees, ebs storage
               | fees, transactional fees on things that are
               | transactional. If you don't carefully engineer everything
               | you'll get left with a $15,000 AWS bill. This doesn't
               | cost Amazon anywhere near $15k to provide, so they just
               | "waive" the fees if you promise to be a good little user.
        
         | lvl102 wrote:
         | Not to be rude but you made millions on the backs of Amazon.
         | Now you're complaining that you have competition.
        
           | sudobash1 wrote:
           | > on the backs of Amazon.
           | 
           | They were using the Amazon platform for what it was intended
           | for, and Amazon made more millions off of them. It was
           | supposed to be a mutually beneficial relationship.
        
             | lvl102 wrote:
             | And I am saying what Amazon is doing is not anticompetitive
             | at all. These "companies" that sell on Amazon are basically
             | glorified trade companies that arbitrage low cost Chinese
             | manufacturing. I don't feel bad for them at all. If they
             | are hurting so bad, go sell the goods on Shopify store or
             | Walmart/Target. Oh, what's that? They charge more than
             | Amazon? Interesting...
        
               | binarymax wrote:
               | You're over generalizing. There are plenty of sellers
               | that took the time to develop their own products and sell
               | them, only to be copied and undercut by Amazon.
        
               | dtjb wrote:
               | How is that different from Walmart selling their Great
               | Value store brand? They see what products sell well then
               | formulate their own cheaper alternative, maybe even
               | giving their product better shelf placement.
               | 
               | Every national grocer does this. It seems to be a pretty
               | close analog yet nobody bats an eye at the practice.
        
               | WalterBright wrote:
               | The local Kroger supermarket has Kroger branded items on
               | the shelf right next to the national brand. The latter is
               | always more expensive, I usually buy the Kroger brand.
               | 
               | The supermarket wouldn't stock the national brands at all
               | if customers weren't buying them.
        
               | dtjb wrote:
               | Isn't that exactly what Amazon is doing?
        
               | WalterBright wrote:
               | Yes, that's my point.
        
               | turquoisevar wrote:
               | > How is that different from Walmart selling their Great
               | Value store brand?
               | 
               | Well for one it's different in that store brands are
               | often made by the same manufacturing/processing plant as
               | the regular brand.
               | 
               | So not only is consent implicitly build in because the
               | producer agreed to make the store brand variety, it's
               | another income stream.
               | 
               | And secondly the store brands typically go out of their
               | way to differentiate themselves from the main brand to
               | such a degree that if you hold the two boxes next to each
               | other you wouldn't mistake one for the other.
               | 
               | Thirdly they significantly undercut the other brands and
               | sellers. They can do so because they don't have to pay
               | themselves a commission and all the other fees, which in
               | turn forces the other brands and sellers to match or eek
               | out a small price difference in which they're cheaper in
               | the hopes to get some sales, cutting into the already
               | thin margins that are left after paying Amazon's fees.
               | 
               | Amazon is also in a better position because of the
               | vertical integration, they have a direct relationship
               | with the manufacturer which cuts out the margins of the
               | middle men (the sellers and distributors), regular
               | sellers on Amazon have the distributor's margins to deal
               | with and then their own margins and as opposed to Amazon
               | they can't sell their items as a loss leader.
               | 
               | As for Walmart and similar retail, it's a whole different
               | situation. The manufacturer sets the price and within it,
               | their margin. The retailer then purchases it at that
               | price and tacks on their margin, but if it's on the
               | shelves then the manufacturer has been paid so there's no
               | risk for the manufacturer because the retailer carries
               | the risk.
               | 
               | There are some nuances and exceptions, such as
               | manufacturers sometimes being able to force a MSRP onto
               | the retailer or a retailer being big enough to leverage a
               | better price or a risk shifting agreement where the
               | retailer doesn't have to pay for delivery until the items
               | are sold, nevertheless, in general the relationship is
               | entirely different from the relationship Amazon has with
               | its sellers.
               | 
               | And lastly, Walmart doesn't hire people to walk beside
               | you in the store to swiftly grab a Great Value variant
               | and push it in your hand each time you so much as think
               | of buying something.
               | 
               | The cereal factory that makes Kellogg's cereal also
               | making Great Value cereal is therefore not comparable to
               | Amazon.
               | 
               | Amazon typically makes their Basics items look identical
               | to the most popular brand and place it at the top of
               | search results.
               | 
               | Now the original brand is forced to pay to get their item
               | at the top of the list, and even then it'll get second
               | place, underneath the Amazon branded one (often barely
               | above the fold).
               | 
               | Take this example of me searching for a padlock[0][1].
               | 
               | Not only is the Amazon branded lock identical to the one
               | below it, it's placed prominently at the top of the
               | results in such a way that it's the only product that can
               | be seen in full.
               | 
               | The one immediately below it doesn't get top spot despite
               | being "sponsored" (i.e. paid to be prominently displayed)
               | and if you look at the price they're trying to be a
               | little bit cheaper than Amazon in the hopes to generate
               | sales but given how minor the price difference is with
               | the Amazon branded lock, it comes across as a painful
               | thing for them to do because it seems to me as a
               | meaningless difference (but admittedly that's me reading
               | into things).
               | 
               | The issue is that when you're the platform holder that
               | sets the fees for sellers, controls what people see, have
               | insider knowledge on sales and you use that to benefit
               | your manufacturing and sales division, then you have too
               | much control and are abusing your powers imho.
               | 
               | Brick and mortar retailers don't have this much control
               | over and information on their suppliers.
               | 
               | 0: https://pasteboard.co/AZRfDpAtXw4f.jpg
               | 
               | 1: https://pasteboard.co/VEFULgwx2IgB.png
        
               | pixl97 wrote:
               | In general there are many different grocery stores, even
               | Walmart the massive company it is only represents
               | something like 10% of grocery sales in the US.
               | 
               | Amazon represents something like 40% of all online sales.
               | Typically having a large plurality in a market raises the
               | likelihood of actions against you.
               | 
               | >It seems to be a pretty close analog yet nobody bats an
               | eye at the practice.
               | 
               | Or, more likely, tech people pay attention to Amazon and
               | not the myriad of suits occuring in the retail and
               | grocery world.
        
               | sib wrote:
               | Walmart has more than 20% share of grocery in the US...
        
               | ctvo wrote:
               | > Or, more likely, tech people pay attention to Amazon
               | and not the myriad of suits occuring in the retail and
               | grocery world.
               | 
               | We're listening. Feel free to toss some examples of these
               | myriad of law suits against brick and mortar stores for
               | their in-house brands.
        
               | lvl102 wrote:
               | If you took the time to develop and market your products,
               | you would not have solely relied on Amazon e-commerce.
               | Most likely, the single greatest source of traffic was
               | Facebook (Instagram) and Reddit. You would only sell on
               | Amazon, if you're from EU (or RoW) and that Amazon US
               | made sense for you in terms of logistics. In other words,
               | if you solely relied on Amazon to make money that means
               | your business model was BUILT on fooling consumers on
               | Amazon algorithm not your actual product.
        
               | stale2002 wrote:
               | That is literally the opposite of anti-competitive.
               | 
               | That is the definition of a _pro_ competitive behavior.
               | 
               | Lower prices for consumers is the whole point of a
               | competitive market!
               | 
               | Yes, big companies can compete in the market, by offer
               | better quality stuff, for a lower price. Thats what we
               | _want!
               | 
               | You are literally arguing in _favor* of monopolies, and
               | _against_ competition by saying that other companies
               | shouldn 't do a better job.
        
               | pixl97 wrote:
               | Reality is far more complex then the simple take you have
               | here.
               | 
               | >by offer better quality stuff,
               | 
               | Amazon, for example, offering counterfeits of your
               | product as your product is not under the definition of
               | "better quality stuff"
               | 
               | >for a lower price
               | 
               | Again, offering a lower price consistently is one thing.
               | Using pricing as a weapon, for example selling a product
               | lower than cost in order to monopolize a market is not.
        
               | stale2002 wrote:
               | > Using pricing as a weapon, for example selling a
               | product lower than cost in order to monopolize a market
               | is not.
               | 
               | If the price stays low and never goes to high monopoly
               | prices then it is a good thing.
               | 
               | If a company becomes a "monopoly" by being cheap, and
               | staying cheap, thats just competition by definition.
               | 
               | Which is the situation we are seeing with amazon.
        
               | lp0_on_fire wrote:
               | Selling things at a loss doesn't mean things are cheap it
               | just means the real costs are being subsidized elsewhere.
        
               | gunapologist99 wrote:
               | Amazon was originally the world's largest bookstore. What
               | did authors sell then -- commodities manufactured in
               | China? Your comments are painting with a very broad
               | brush.
        
               | plagiarist wrote:
               | The reason you see only low-quality Chinese knockoffs
               | with computer-generated names could be because Amazon's
               | anti-competitive behavior made selling real products
               | unprofitable.
        
           | dvngnt_ wrote:
           | a competitor that owns and governs the platform you have to
           | use is different from another 3rd party that you have to
           | compete with
        
             | lvl102 wrote:
             | You don't have to use them. That's the point of my
             | argument. No one's stopping you from selling it using
             | Shopify where you can set up an e-commerce store within a
             | couple of hours.
        
               | binarymax wrote:
               | The whole point of the case is to show that they control
               | a monopoly. When there's a monopoly, you can't go
               | anywhere else!
        
               | lvl102 wrote:
               | And my point, as someone who's worked in antitrust field
               | for over a decade, is that Amazon is a company that does
               | the least to exert monopoly power out of all the big tech
               | companies. In fact, they do so little that I think they
               | are being stupid.
        
           | varelse wrote:
           | [dead]
        
           | steveBK123 wrote:
           | Do you tip your landlord?
        
         | YeBanKo wrote:
         | I heard some stores switched to Shopify, would be interesting
         | to learn why it is not an option for stores like yours.
        
           | adrr wrote:
           | Shopify requires you to build out performance marketing
           | strategy and with the IOS changes, targeting has lost
           | efficiency. It's more expensive to acquire customers.
        
           | arbuge wrote:
           | Shopify and Amazon are quite different things.
           | 
           | Amazon is a marketplace and provides exposure - in other
           | words, they bring you traffic besides providing ecommerce
           | functionality. Possibly a lot of traffic if there's not much
           | competition already in your space.
           | 
           | With Shopify you have primarily an online store solution.
           | It's up to you to do your own marketing somewhere to drive
           | traffic. Shopify does have what they call "Shop" now, which
           | works like a marketplace, but in my experience that's still a
           | relatively small channel for Shopify sellers.
        
             | YeBanKo wrote:
             | What about shipping logistic and warehousing? Afaik this is
             | something what Amazon FBA helps with as well?
        
               | dnissley wrote:
               | Hm, all of a sudden the seemingly outrageous fees don't
               | seem so outrageous anymore.
        
               | arbuge wrote:
               | It does, yes.
               | 
               | Shopify did try to get into providing those services for
               | its clients but they later reconsidered:
               | 
               | https://www.freightwaves.com/news/flexport-acquires-
               | shopifys...
        
         | shopifyeocks wrote:
         | What's do you mean exactly about the Shopify tiktok Facebook
         | connection being dead?
        
           | adamsb6 wrote:
           | Probably that Apple's privacy changes made those advertising
           | channels far less effective.
        
             | shopifyeocks wrote:
             | Thanks yes I reread the comment and that sounds most likely
        
         | pmarreck wrote:
         | How much would a "Fulfillment By <Company Other Than Amazon>"
         | be worth to you?
         | 
         | Could you get together with a large bunch of other FBA folks
         | and somehow fund an alternative?
        
       | jongjong wrote:
       | At the root, the problem with big tech is the monopolization of
       | people's attention. There is essentially no way to gain any
       | meaningful exposure to users without going through big tech
       | platforms and they limit the exposure. Even if you buy ads from
       | them, you never know if your product is being put in front of
       | real users or bots. They seem to favor big, established
       | companies.
       | 
       | I also blame modern journalism for being heavily centered around
       | corporate interests. They won't cover any product or tech which
       | isn't backed by big corporations. That is a major source of anti-
       | competitive dynamics. It feels like every journalist has been
       | bribed to the eyeballs to only cover products from certain
       | companies.
        
       | talldatethrow wrote:
       | People say Temu is garbage, but every time Im about to buy an 80
       | cent flashlight on Temu, or motorcycle googles, or 100 amp 12v
       | circuit breaker for $6... I go to Amazon and find the EXACT same
       | part for 300-800% more money with THOUSANDS of reviews.
       | 
       | Amazon still has decent things obviously. But if you're going to
       | buy junk, atleast buy it straight from the source for pennies on
       | the dollar.
        
       | kypro wrote:
       | Amazon should just change their business model. Instead of
       | requiring sellers sell their products for a competitive price on
       | Amazon they should do the same thing Apple does and just charge
       | sellers a large margin on sells on their platform. Obviously this
       | would mean higher prices for consumers but if the problem here is
       | that Amazon is forcing sellers to price products lower than
       | they'd like then that would fix the issue.
        
         | thisgoesnowhere wrote:
         | Well yeah but that's the whole point. They don't want to do
         | that because they would make less money because you could
         | always go to the seller directly to get the product for less.
        
           | seanmcdirmid wrote:
           | You can always go and use Alibaba to buy more directly,
           | although still not direct. Small scale producers in China
           | learned the value of an e-commerce platform a long time ago,
           | you can't usually find them direct anymore.
        
       | shadowgovt wrote:
       | Hm. From an American law standpoint, this suit is thin on the
       | ground for consumer harm. I can see the _competitor_ harm, but
       | IIUC US antitrust is generally grounded in consumer harm.
       | 
       | I'll have to see the argument they actually make in court.
        
       | r00fus wrote:
       | Loving this action by FTC. Amazon is the worst kind of predatory
       | market provider - they are literally aliexpress + "steal good
       | ideas from real companies" kind of grift.
        
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