[HN Gopher] The FTC sues to break up Amazon over an economy-wide...
       ___________________________________________________________________
        
       The FTC sues to break up Amazon over an economy-wide "hidden tax"
        
       Author : PaulHoule
       Score  : 562 points
       Date   : 2023-10-04 11:03 UTC (11 hours ago)
        
 (HTM) web link (www.thebignewsletter.com)
 (TXT) w3m dump (www.thebignewsletter.com)
        
       | cwoolfe wrote:
       | This strategy has been adopted by eBay as well and artificially
       | drives up prices. Let me elaborate.
       | 
       | Recently, eBay has made it so that only the products with paid
       | ads are shown in places where customers click. This drives up the
       | cost of everything by more than 10% which is eBay's ad fee. I
       | refused to buy a paid ad to sell my MacBook. It sat on the site
       | for a month, which is highly unusual for an in-demand and rightly
       | priced product. Finally I lowered the price enough to get it
       | sold.
       | 
       | Most consumers use the default site, which filters by Recommended
       | (i.e. ads) The play for consumers to win at this new payola ad
       | scheme is to always filter by lowest price (or in amazon's case
       | Prime + lowest price)
       | 
       | But really, consumers don't win (and neither do sellers) because
       | now these ads take up space in supposed "search results" for
       | items which don't match the search terms (but are close enough)
       | This creates frustration when you are looking for something to
       | meet a specification, like E26 light bulbs for example. Here, it
       | is pointless to show anything that doesn't meet that
       | specification and yet the site shows them, and the seller has to
       | pay the ad fee.
       | 
       | Please somebody make a site with no payola!
        
         | granzymes wrote:
         | You are touching on a point that Benedict Evans has made quite
         | eloquently in the past:
         | 
         | >There was a joke a few years ago that rent is the new
         | [Customer Acquisition Cost], and that now applies to
         | everything. The [Total Addressable Market] for search ads is
         | not 'advertising' (let alone online advertising) but everything
         | that is spent to reach and serve a customer, starting with
         | retail rents. This applies to Amazon, but even more to Google -
         | you can ask whether Google's ads are 'advertising' or
         | 'marketing', but also ask whether the TAM for buying placement
         | in Google search results is 'advertising', 'marketing' or just
         | its customers' operating margins. How do you reach a consumer?
         | Do you spend your budget on TV ads or search ads, or on retail
         | rents, or on giving retailers a margin versus selling direct,
         | or giving the retailer a better price for better placement, or
         | free shipping, or a better returns policy? Everything below
         | P&G's COGS line is up for grabs.
         | 
         | https://www.ben-evans.com/benedictevans/2023/3/6/ways-to-thi...
         | 
         | There will be no site that does not offer advertising, because
         | advertising allows the site to determine which sellers can
         | afford to pay more while still being profitable. It's a scaled
         | version of the same way a landlord will raise rents on a
         | profitable storefront.
        
           | codexb wrote:
           | It's going to be a bit harder to win on this end I think.
           | Manufacturer's require retailers to agree to this type of
           | restriction all the time time (and it's mandatory, not
           | voluntary) like it is with Amazon.
        
           | simpaticoder wrote:
           | _> There will be no site that does not offer advertising,
           | because advertising allows the site to determine which
           | sellers can afford to pay more while still being profitable._
           | 
           | It's still possible that people exist who charge "what it's
           | worth" rather than "what they can get". Those people can
           | still make a fine living off of a two sided market place
           | through flat transaction fees. Craigslist is an example that
           | comes immediately to mind. Smart market participants are
           | already punishing providers that maximize profit with payola,
           | which is leading to success of new smaller niche markets -
           | reverb.com comes to mind, or bricklink.com or alibris.com.
           | That is not to say the market of markets is "solving" this
           | problem - we probably want more consumer protection law - but
           | it does show that your startement about ads is, strictly
           | speaking, false.
        
             | alsetmusic wrote:
             | Craigslist is a hell hole. I stopped selling there because
             | even when I was practically giving electronics away (to
             | prevent buyer's remorse), people still emailed insultingly
             | low offers. I just gave up on the site maybe five years
             | ago.
        
             | afiori wrote:
             | But you need the entire marketplace to follow that rule.
             | 
             | You cannot charge "what it's worth" on amazon because you
             | either pay the ad tax or you compete for the lowest price.
        
         | phendrenad2 wrote:
         | > Please somebody make a site with no payola
         | 
         | Aliexpress?
        
         | pierat wrote:
         | Thats not the only thing I caught, at least with Ebay.
         | 
         | During the pandemic, I decided to sell a bunch of a component I
         | had stockpiled. (Im not a scalper. I got the parts when my dad
         | died.).
         | 
         | I put them for sale with $100 minimum, auction. They ended up
         | selling for $300. I was definitely happy.... until Ebay refused
         | to send me my money, and instead demanded access to a bank
         | account, after the sale was complete. Fuck that.
         | 
         | I found the user who bought it, traced to a business. Cool. I
         | contacted him, explaining what happened. Turns out they did the
         | same to him since he too was a seller. I told him that I'd
         | honor the same price Ebay told me....
         | 
         | Ebay told me (seller) $300. Ebay told the buyer $350......!!
         | Mind you, the fees are taken out of my $300, yet that $50
         | difference is Ebays scrape off the top.
         | 
         | Obviously, I sold it to them for $300, and provided screenshots
         | of what I was being told, and they did the same. We arranged
         | the sale over Paypal and worked like a charm.
         | 
         | And sure, Ebay's scamming as far as I can tell, everyone. But
         | it's also reminded me to check on websites with a private mode
         | browser and logged in, to see if there's funny games.
        
           | simpaticoder wrote:
           | I recently sold some items on ebay. ebay will not release the
           | funds for 3 weeks. They give no reason for this. However I
           | think the real reason is that if you do this over a large
           | enough user base you can use the "time-value" of money to
           | make extra money. It's nefarious, and I too will never use
           | ebay again.
        
           | j-bos wrote:
           | Isn't that open and shut fraud on the part of ebay?
        
             | hiatus wrote:
             | How is that fraud? Ebay is brokering a deal between two
             | parties. It doesn't seem inherently fraudulent to offer
             | differing prices to each party.
        
           | 93po wrote:
           | Wow, this is wildly unethical and shitty. I'm never using
           | ebay again.
        
             | MiddleEndian wrote:
             | https://www.cbsnews.com/news/investigation-ebay-employees-
             | st...
             | 
             | They also allegedly hired someone to stalk and harass a
             | couple who posted negative reviews of them online.
        
           | alsetmusic wrote:
           | eBay stole my money and made it impossible to get a refund
           | fifteen years ago. I gave up and stopped using the site.
           | Sorry I don't have more details; it's faded from memory. But
           | it was dirty behavior, that's for sure.
        
           | NeuroCoder wrote:
           | It's amazing how quickly I recognized eBay descending into
           | this sort of stuff from its inception. Maybe Amazon did so
           | quickly too, but it's so obviously scummy that even as a
           | teenager I got this impression. Kudos to you for going the
           | extra mile
        
           | sizzle wrote:
           | This should be illegal misrepresentation of your selling
           | price wow
        
       | helen___keller wrote:
       | I'm not sure I agree with the opening premise that offering "free
       | shipping" is dangling a free lunch that doesn't exist.
       | 
       | Technically this is true but it makes a lot of sense by creating
       | an analogous experience as with retail.
       | 
       | If I walk to the corner store to pick up something I'm not paying
       | a line item for the logistics that delivered that item from a
       | factory in China, nor a line item for the rent to keep that item
       | sitting on a shelf in walking distance. I just pay the price of
       | the item, and those costs are baked in.
       | 
       | Maybe an economist can argue this isn't the most efficient way of
       | paying for externalities but it's hard to argue it's without
       | reason. It's clearly a preferred consumer experience. Amazon
       | prime is like a Costco membership. The only difference is Amazon
       | handles last mile from the fulfillment center, Costco expects me
       | to provide last mile fulfillment with my car.
        
         | granzymes wrote:
         | I think a physical retail analogy would be to imagine that
         | every store charges a variable "restocking fee" based on how
         | much it costs to get a replacement for the item that you are
         | purchasing. You don't know what that fee will be until the
         | clerk is ringing you up. Then one day a store decides to bake
         | the restocking fees into the price, and no longer surprises the
         | consumer with a variable fee at the checkout counter.
         | 
         | This is clearly a win for consumers, who can now shop the
         | aisles knowing exactly what they will pay for the item upfront
         | before they put it in the cart and go to check out.
        
         | hyeonwho22 wrote:
         | Offering free shipping is not a problem. The problem is that
         | mandating your suppliers subsidize free shipping _and don 't
         | sell for cheaper prices elsewhere_ is blatantly
         | anticompetitive, and has the effect of raising consumer prices
         | on non-Amazon markets.
        
           | helen___keller wrote:
           | I agree with that, and I think buy box suppression should be
           | stopped. I'm just responding to the opening paragraphs of the
           | link (and some near the end) where the author appears to be
           | arguing against the very conception of free shipping as if
           | it's something that can only be offered in distorted and
           | monopolistic markets.
        
       | 0xADADA wrote:
       | HotTake: the result of this should be to nationalize Amazon to be
       | the defacto national provider of AWS services, delivery,
       | logistics, and backstopped retail services.
        
         | translucyd wrote:
         | But that would nationalize profits as well. What kind a world
         | do you think that's a good thing??? /s
        
           | WillAdams wrote:
           | Make it into a non-profit co-operative?
        
         | megaman821 wrote:
         | Might as well just shut it down in that case. Amazon would be
         | abandoned in mass if it was government run. People groan every
         | time they see that the USPS is handling their delivery. I can't
         | imagine how bad it would be if that same level of government
         | competence was applied to all of Amazon's operations.
        
           | OGWhales wrote:
           | > People groan every time they see that the USPS is handling
           | their delivery.
           | 
           | They do? I am usually pleased when I see it's them. They are
           | very consistent and rarely make mistakes, in my experience. I
           | don't know what there is to complain about, outside of
           | pointless hatred for anything related to the government.
           | Meanwhile, it's a crapshoot if the FedEx or Amazon driver
           | even gets it to the right address.
        
           | thfuran wrote:
           | Maybe Amazon is popular enough that one party wouldn't insist
           | on constantly trying to ruin them.
        
             | megaman821 wrote:
             | Come on. My interactions with the IRS, TSA, Social Security
             | Office, Passport Office have all been slow and arcane. It
             | is a total fantasy to think the Government could run Amazon
             | well.
        
         | phendrenad2 wrote:
         | This will seem less and less like a hot take over time, I
         | think. People seem generally unhappy that megacorps like Amazon
         | and Google simply exist.
        
       | fzeroracer wrote:
       | Realistically, this rot runs so deep I'm not sure how you can
       | stop it. The US economy is built upon a bunch of these hidden
       | taxes. Healthcare, the way insurance works and hundreds of
       | middle-men between. Google baking in advertising search terms
       | into things you search for. Amazon subsidizing delivery by baking
       | it in as a hidden cost which causes in-store goods to rise in
       | prices to match. Large real estate firms like Greystar using
       | algorithmic models to raise prices uniformly across the US rather
       | than based on local availability.
       | 
       | It's a good step, but our economy is dominated by rentseeking
       | behaviors from large corporations buying their way into monopoly
       | and then warping the rest of the market. And unfortunately I feel
       | like this case will end like many others, with a handshake and a
       | promise to 'properly show consumers how much our stuff on Amazon
       | costs'.
        
       | dehrmann wrote:
       | This is somewhat misguided. Unless it results in a very specific
       | breakup, it won't be what consumers actually want from the
       | market. A lot of what drives me to Amazon is shipping. Smaller
       | retailers can't scale this at all, so what's needed is a company
       | that _just_ does the fulfillment side of things with Amazon-level
       | speed.
        
       | [deleted]
        
       | math_dandy wrote:
       | Next up, the Apple Tax?
        
       | TrapLord_Rhodo wrote:
       | I don't understand why you would "Break-Up" Amazon? Why can't we
       | just have common rules that says "Hey, we will fine you $50M a
       | day you continue to do X,Y,Z?". Then we have precedence and law
       | to back up doing monopolistic things.
       | 
       | How does breaking a company work? I mean... we broke up Microsoft
       | and that only slowed them down for a few years.
        
         | rawgabbit wrote:
         | When was Microsoft broken up? I remember the Microsoft was sued
         | for anti competitive behavior but nothing of consequence
         | happened.
         | 
         | https://en.wikipedia.org/wiki/United_States_v._Microsoft_Cor...
         | .
        
           | ceejayoz wrote:
           | Yeah, the breakup was overturned on appeal, and the resulting
           | settlement was watered down into "we'll reduce the number of
           | tentacles between Windows and IE".
        
       | nonethewiser wrote:
       | > Once it achieved monopoly power, Amazon squeezed on price
       | through fees to third-party sellers. As a third-party seller, you
       | pay fees for listing on Amazon; for using Amazon's warehouse
       | services, known as Fulfillment by Amazon (FBA); and for
       | advertising services. If you don't pay, you don't get put in a
       | place on the site where consumers click.
       | 
       | So consumers get free shipping that is mostly paid for by third
       | party sellers because it gives them access to a massive customer
       | base. I dont see the problem?
        
         | napierzaza wrote:
         | [dead]
        
         | throwawayqqq11 wrote:
         | You could ship outside of FBA but wont get listed in a
         | privileged position.
        
           | nonethewiser wrote:
           | Why should Amazon give them a privileged position?
        
             | throwawayqqq11 wrote:
             | To become a distribution monopoly.
             | 
             | > Amazon, one of the biggest companies in the world, for
             | monopolization and unfair methods of competition.
             | 
             | Edit: sorry for snarkyness.
        
             | mountainofdeath wrote:
             | FBA de-risks the transaction for Amazon and the vendor. You
             | sell a known quantity with a known delivery window. Small
             | businesses often struggle with this and criminals use this
             | to their advantage.
             | 
             | If eBay/non-FBA is a flea market, FBA is a online mall.
        
             | [deleted]
        
       | anonymousDan wrote:
       | Fair play to this reporter for shining a light on all this,
       | especially in relation to the redactions. Hopefully the secret
       | court restrictions are lifted.
        
       | exabrial wrote:
       | Apple, Google, Facebook, Amazon, break them all up. And for the
       | love of crap, stop approving billion dollar mergers.
        
         | jbombadil wrote:
         | This.
         | 
         | Also add most major telcos, ISPs and airlines to the list as
         | well.
         | 
         | We love capitalism. It's basis is competition. Let's get us
         | some of that.
        
           | theptip wrote:
           | I object a lot less if the trustbusters don't stop with tech
           | and apply their hammer equally to other industries, agree
           | with telcos/ISPs (I'm not sure how uncompetitive airlines
           | are, they seem really low margin). I haven't really seen
           | evidence that Khan is interested in going after non-tech
           | companies though. (Would love any pointers to the contrary.)
        
           | Qwertious wrote:
           | Capitalism is based on competition, but the _rules_ of said
           | competition are largely written by the winners of said
           | competition - this isn 't a perversion of capitalism, this
           | _is_ capitalism as it has always functioned in reality. Like,
           | oil companies get significant political sway over our policy
           | on _climate change_ , which is why over the last 40 years,
           | the biggest sources of emissions reduction were the 2008 GFC
           | and the 2020 lockdowns.
           | 
           | The #1 reason why Comcast hasn't been ousted by local
           | community fiber networks is because Comcast politically
           | lobbied to make it illegal. This is _normal_. The solution is
           | to cut the moneyed interests out of politics as harshly as
           | possible, because otherwise we 'll always require the
           | permission of junk-food companies before we limit how much
           | sodium is permitted in kid's food.
        
             | WillAdams wrote:
             | Lobbying needs to be rate-limited to match what individuals
             | can say.
             | 
             | Level the playing field by making the largest possible
             | political contribution equal to a multiple of the minimum
             | wage which one could reasonably expect someone earning that
             | to donate in a given year, then require that each
             | contribution be made using a check or money order mailed
             | with a hand-written note in a first-class envelope.
        
           | efficax wrote:
           | and the big 4 banks, and walmart, and a bunch of other
           | industries. we're in a monopoly age.
        
             | hn_version_0023 wrote:
             | Why don't we target the 6 (or however many) companies that
             | own 95% of everything in the media?
             | 
             | Unless they're reined-in, progress will be elusive; their
             | megaphone must be silenced!
        
           | user3939382 wrote:
           | And media companies...
        
             | hn_version_0023 wrote:
             | _Especially_ the media companies! They put artificial
             | limits on the range of acceptable thoughts, acting as both
             | a muzzle and a noose around the neck of the public.
        
               | scarface_74 wrote:
               | Yes because there is absolutely no way for you to get
               | your thoughts to people worldwide without depending on
               | big media...
        
               | user3939382 wrote:
               | Parler
               | 
               | Strawman in any case, having a technical option doesn't
               | negate massive horrible effects on the public.
        
               | scarface_74 wrote:
               | So it's a straw man that anyone can't just set up a blog
               | or do podcast and publish their ideas?
        
               | user3939382 wrote:
               | It's a strawman because GP wasn't commenting on whether
               | or not there is a technical way of reaching the public,
               | but rather that media consolidation hurts the public.
               | Those are orthogonal issues.
        
               | scarface_74 wrote:
               | It's not orthogonal, consolidation of media is only
               | important if it keeps people's messages from getting
               | distributed broadly. Is that really a problem in 2023?
               | 
               | The "media" - ie ways to reach people is less
               | consolidated now than any time in history.
        
           | ansmithz42 wrote:
           | Oh but remember: "Bigger is better!" and "Economies of
           | scale"/s
        
         | RandomLensman wrote:
         | Highly fragmented markets are also bad for price discovery - so
         | how do we know what size to have?
        
           | klysm wrote:
           | We are so incredibly far from highly fragmented I don't think
           | that's even worth thinking about at this stage
        
             | RandomLensman wrote:
             | If you don't think about it, could create a weird set of
             | local/product/etc. monopoly like things instead. Not
             | thinking about isn't an option because it ignores the
             | incentives if you force limit sizes.
        
               | klysm wrote:
               | Yes definitely agree a hard limit on sizes doesn't make
               | sense, but I just think it's not going to be a problem
               | any time soon with the current state of affairs in the US
               | economy.
        
               | RandomLensman wrote:
               | I honestly think that this is underestimating how good
               | companies can get in optimization their positions. The
               | smaller companies would inherit these abilities from
               | their "parents".
        
           | tonyedgecombe wrote:
           | I read an economics paper a while back that said you need at
           | least four players to get a competitive market.
           | 
           | I'm not sure how you would translate that to limits on the
           | size of a company though as every sector would be different.
        
             | RandomLensman wrote:
             | I think we need to seriously think about market design at
             | some point. Relying on more actors alone is not a great
             | strategy.
        
           | mschuster91 wrote:
           | At the very least a line can be drawn when a company cross-
           | subsidizes a barely profitable enterprise to the tune that
           | they're drowning out competitors, or when they exploit
           | workers so absurdly insane that they're forced to resort to
           | piss in bottles because the algorithm penalizes them for
           | taking a civilized bathroom break. AWS makes _boatloads_ of
           | money on AWS and uses that to stay afloat with shipping
           | stuff.
        
         | userabchn wrote:
         | Make corporation tax progressive, resulting in it being easier
         | for small companies to compete with big ones, without requiring
         | the government to decide what is and what isn't a monopoly.
        
         | AnonymousPlanet wrote:
         | You have to add Microsoft to this list unless you live in
         | complete denial about the massive monopoly that they have in
         | office IT. And they are actually the first that should be
         | broken up, splitting the office suite from everything else.
        
           | trinsic2 wrote:
           | Microsoft should be the first one to be split up. Their
           | dominant position is more pervasive than any other market
           | because the operating system people use in their computers is
           | the gateway to get too these other services.
           | 
           | The second should be Apple for the same reasons.
           | 
           | Then Amazon.
        
             | PartiallyTyped wrote:
             | I fail to see why apple should be split.
             | 
             | Nobody forces people to buy macs, very few do, and as for
             | iPhones, there are alternatives and apple doesn't have a
             | monopoly over the phone industry.
             | 
             | You can very well use icloud on other OSes too.
        
               | rafaelmn wrote:
               | Apple doesn't even hide the tax.
               | 
               | The shit they get to pull with safari is beyond IE level
               | - they straight up don't allow alternative browsers
               | (beyond WebKit) on 50% of mobile market.
        
               | SSLy wrote:
               | Not for long (* insert EU flag here *)
        
             | dmonitor wrote:
             | If Apple had >5% desktop market penetration, you'd have a
             | point.
             | 
             | They should definitely open up iOS to installing apps
             | outside the app store, but their position isn't nearly as
             | abusive as Microsoft's. Even their 50-60% share of the
             | mobile market is pretty competitive compared to Windows.
        
         | scarface_74 wrote:
         | Do exactly how do you plan to beak them up? How would you
         | divide them up?
        
           | Aerbil313 wrote:
           | Governments' and companies incentives are highly different. I
           | live in Turkey where not every service is corporate like it
           | is in the US. I can see in practice that a competitor service
           | offered by government happens to be that real competition
           | which drags the prices down.
        
         | nickff wrote:
         | Why? You seem to be expressing outrage, anger, or frustration,
         | but you're not giving the rest of us anything to think about.
        
           | esarbe wrote:
           | All of them enjoy market domination in their respective areas
           | of expertise. Their size makes them effective monopolies and
           | their behavior has many times ruled anti-competitive.
           | Competition between them is insufficient and they have been
           | convicted of organizing in monopolistic manners before.
           | 
           | For consumers and the market as a whole it is more healthy if
           | they are broken up into smaller companies.
        
             | thfuran wrote:
             | Even if they weren't near monopolies in their respective
             | fields, I think we should be wary of permitting the sort of
             | concentration of power that arises from the existence of
             | trillion dollar corporations.
        
       | koalaman wrote:
       | This has been pretty obvious for a while. Whenever I do product
       | searches on Amazon the prime eligible results are more expensive
       | by exactly the shipping costs of the non prime vendors.
       | 
       | The only reason I keep it is for the video service which I'm
       | guessing is the same for a lot of people.
        
         | joenot443 wrote:
         | Which products do you observe this for specifically? I buy from
         | Amazon US all the time and I can't say I've ever noticed that
         | discrepancy, so I can only assume we're looking at different
         | products or from a different region.
        
         | elashri wrote:
         | > The only reason I keep it is for the video service which I'm
         | guessing is the same for a lot of people.
         | 
         | Which will start having ads unless you pay a fee for the ad-
         | free experience starting next year [1]
         | 
         | [1] https://www.npr.org/2023/09/22/1201028854/amazon-prime-
         | video...
        
           | brvsft wrote:
           | Nice, looks like I have an actual reason to convince my wife
           | that we switch to Instacart next year.
        
             | spiderice wrote:
             | Is Instacart an Amazon replacement for you? Generally, if I
             | can buy something at a store within 15 minutes of me I'll
             | usually just make the drive to buy it rather than going to
             | Amazon. I use Amazon for the things that I generally can't
             | get locally (such as heavy duty floating shelf brackets
             | that I bought recently. No idea what store sells those near
             | me).
             | 
             | But the idea of replacing Amazon with Instacart is
             | definitely intriguing to me
        
               | hn_version_0023 wrote:
               | > such as heavy duty floating shelf brackets
               | 
               | Try a local hardware store, not a big-box like Home Depot
               | or Lowes, though they're likely to have it too! I've
               | found that so long as I am patient, local hardware stores
               | are happy to order things for me.
               | 
               | Amazon is great at instant gratification and that's about
               | it IMO.
        
             | zeroonetwothree wrote:
             | Instacart has about an 80% accuracy rate IME. Which is
             | pretty bad...
             | 
             | I use Target for many things now, they also have free
             | shipping and usually lower prices than Amazon
        
           | temporallobe wrote:
           | Tangentially related, even in YouTube Premium you can still
           | see ads if the content creator embeds ads as part of their
           | content. This seems like double-dipping to me and I am seeing
           | more and more of this.
        
             | makestuff wrote:
             | Yeah I have zero issues skipping host read ads as a YT
             | premium subscriber. I'm already paying not to see ads.
        
             | pierat wrote:
             | https://addons.mozilla.org/en-
             | US/firefox/addon/sponsorblock/ is your friend :)
             | 
             | crowdsourced auto-skip for in-video adverts.
        
             | chongli wrote:
             | I consider that stuff part of the content and weigh it
             | appropriately. Creators who get too obnoxious with
             | sponsored content are dropped from my subscriptions.
             | 
             | The creators I tend to watch the most these days either
             | don't have sponsorships or they only run their ad at the
             | end of the video in which case I just stop watching or
             | click to the next video.
        
             | fjert wrote:
             | This never bothered me much since I can skip them
             | immediately. I've been trained at this point to immediately
             | skip a minute or so into every video
        
             | dylan604 wrote:
             | I love the take that talking about a sponsor isn't an ad.
             | <facepalm>
             | 
             | Even the lame concept of throwing up Pateron supporter's
             | names on the video for mere frames scrolling by is just
             | moronic to me. Do people really think they are special for
             | having their username flashed on a screen? What
             | value/meaning is derived from this?
        
               | Ensorceled wrote:
               | > What value/meaning is derived from this?
               | 
               | Someone is supporting a creator whose content they like
               | and the creator is publicly saying thank you.
               | 
               | How is this confusing to you?
        
               | dylan604 wrote:
               | They can say "thanks to all my supporters". it's just
               | fallacy to think the creator actually cares. it's a
               | simple copy&paste from a list from their patreon (or
               | whatever) to the text editor of their editing software.
               | it's even less if they aren't even the ones doing the
               | editing. sure, they all say "we love our supporters".
               | it's just like people that donate to NPR so they can have
               | their names read out over the air.
               | 
               | how is their sincerity (more to the point, lack thereof)
               | confusing to you?
        
               | Ensorceled wrote:
               | > They can say "thanks to all my supporters". it's just
               | fallacy to think the creator actually cares.
               | 
               | How deeply cynical and also, besides the point; even if
               | you believe all creators don't give a shit (I believe
               | many do), people still like being thanked.
               | 
               | I mean, clearly you don't ...
        
               | dylan604 wrote:
               | what you call cynical, I call naive on your part. We
               | clearly have different opinions on creators and their
               | level of sincerity towards supporters. i hold them just
               | this side of influencers. i understand that they may
               | depend on the support, but it's not like adding someone's
               | name on a screen for .5 seconds means "they care about
               | me". it just means they're fulfilling some obligation
               | they used to entice people to donate. people that decide
               | "because my name will be on the video for .5s" is what
               | pushes to donate is beyond silly.
        
           | endisneigh wrote:
           | A more charitable take is that Amazon is raising the price
           | (for the nth time) of prime, and introducing a small discount
           | if you put up with ads.
        
             | philipov wrote:
             | Amazon doesn't need charity; they can afford to pay.
        
               | biohax2015 wrote:
               | The shareholders (me, you, our 401ks) demand growth.
        
         | hnuser847 wrote:
         | The "hidden tax" described in the article is to sellers, not
         | consumers. Free shipping is subsidy for consumers that costs
         | Amazon billions of dollars. I have personally never seen what
         | you're describing.
        
           | ceejayoz wrote:
           | I fairly frequently see a little "may be available at a lower
           | price from other sellers without Prime shpping" thing on
           | listings.
        
           | prettychill wrote:
           | this is pretty common from what I have seen. especially with
           | books.
        
         | dspillett wrote:
         | While this varies by territory, I'm UK based, I find the main
         | benefits of Prime to be the next-day (even weekend) delivery,
         | Saturday (even if not next day) delivery, and sometimes the
         | locker delivery option.
         | 
         | Even where prime price is the same as other+delivery this wins
         | out. Though at each price rise or other change I have to
         | rethink if I consider I'm getting a good deal.
        
         | whimsicalism wrote:
         | Fast delivery of things i want is good too
        
         | ryanwaggoner wrote:
         | That's likely because the non-prime vendors have to _lower_
         | their prices to match prime, or they wouldn't sell much.
        
       | granzymes wrote:
       | >If this suit is resolved in the government's favor, the remedy
       | could be anything from ending anti-discounting measures to
       | breaking up the firm.
       | 
       | There's a bit of an odd remedy issue with this lawsuit. The harm
       | being asserted by the FTC is that Amazon charges more fees than
       | competitors but requires that sellers not charge more on Amazon
       | than on competing sites. Originally Amazon allegedly accomplished
       | this with a Most Favored Nation clause, and today Amazon will
       | kick you out of the "buy box" promotional space if they detect
       | you offering lower prices elsewhere.
       | 
       | First, a breakup doesn't cure this harm. You could go all the way
       | to the extreme of splitting Amazon's third-party marketplace into
       | its own company and yet that company could still charge higher
       | fees than competitors and condition the buy box space on sellers
       | not offering lower prices elsewhere.
       | 
       | Second, no injunction makes sense either. Is a court going to
       | force Amazon to advertise a price in the buy box that Amazon
       | knows is not the lowest price available on the market? That's an
       | absurdly anti-consumer thing for a court to order (and so a court
       | would likely _not_ order it).
       | 
       | So what cures the alleged harm?
        
         | s3p wrote:
         | Breaking the company up into smaller units that don't have the
         | monopoly power of forcing their sellers to fix prices.
        
           | granzymes wrote:
           | But how? The smallest unit of a possible breakup would be a
           | standalone 3rd-party marketplace company, and yet that unit
           | would still have the same market power for 3rd party sellers
           | as Amazon as a whole does today.
        
             | thfuran wrote:
             | Why is that the smallest possible unit? It may not be
             | especially practical, but it's certainly possible to break
             | Amazon up by retail product category (one company for
             | books, one for kitchenware, etc).
        
               | granzymes wrote:
               | Because you run into the issue of "unscrambling the
               | eggs". If Amazon is not organized by retail product
               | category (and I would assume it is largely not), then it
               | will be very difficult to split the company in that way.
               | Courts really aren't in the business of restructuring
               | companies and the last thing you want is for the new baby
               | companies to fail because the restructuring went poorly.
               | 
               | Which employees go where, who gets what IP, what happens
               | to all the underlying website/physical infrastructure? A
               | "3rd party marketplace" unit is already likely smaller
               | than is feasible for a court to oversee. By comparison,
               | it would be a lot easier to split Amazon into "AWS" and
               | "not-AWS" because the company is already organized that
               | way.
        
       | 1vuio0pswjnm7 wrote:
       | "Fortunately, our work on the secrecy of the Google trial is
       | paying dividends. Here's FTC official Douglas Farrar arguing that
       | the commission will push to get rid of the redactions:
       | 
       | We share the frustration that much of the data and quotes by
       | Amazon executives in the complaint that describe what we allege
       | is monopolistic and illegal behavior is redacted. Amazon has 14
       | days from the entry of a temporary sealing order to provide
       | legitimate justification for preventing this information from
       | being revealed. We do not believe that there are compelling
       | reasons to keep much of this information secret from the public."
       | 
       | If Amazon has done nothing wrong then why so many redactions. It
       | might succeed in keeping the facts sealed away from public view
       | but it only raises more questions.
       | 
       | It sounds like Amazon is a heavy source of bots on the web if
       | they need to continually scrape millions of websites to monitor
       | pricing. Perhaps someone can explain how that works.
        
       | dantheman wrote:
       | Lina Kahn is the worst type of politically motivated bureaucrat.
       | Instead of executing the law, seeks new interpretations so that
       | she impose her world view on others. She's never created or done
       | anything of value other than be a student or a bureaucrat.
       | 
       | Hopefully this case will be another in her long list of failures.
        
         | wing-_-nuts wrote:
         | I think US anti-trust law has been far too toothless for far
         | too long. I wish we had some politicians from the 1920-30's
         | that would actually go after big companies instead of taking
         | bribes. Did I say bribes? Sorry I meant campaign contributions.
        
           | dantheman wrote:
           | I mean, I doubt you have any understanding of actual anti-
           | trust cases. But by the time standard oil was broken up it
           | was down to 60% market share and the price of oil continued
           | to fall.
           | 
           | The only monopolies that have truly existed in the USA are
           | government granted ones.
        
       | ajsnigrutin wrote:
       | Go do google next!
        
       | dmix wrote:
       | Whats the likely scenario if they lose? Stop offering free
       | shipping? Doubling the price of Prime to factor in lower margins
       | if they cant artifically push up prices? Bully sellers for more
       | margins even more than before?
        
       | darklycan51 wrote:
       | Oh man the people defending Amazon in the comments, I understand
       | many of you are investors but come on... let's stop pretending
       | for a second that Amazon doesn't deserve a break up for what
       | they've been doing for years now, even after being called to
       | congress for it.
        
       | jncfhnb wrote:
       | We need a new act that explicit addresses platform economics
       | antitrust.
        
         | bryanlarsen wrote:
         | Actually we don't. We just need the bureaucracy and judiciary
         | to overturn the last 50 years of subversion of the original
         | intent of the antitrust acts. The appointment of Lina Khan was
         | a good first step on that path. This case is a good second
         | step.
         | 
         | But a new act would make the process a lot simpler. Judicial
         | precedence is powerful and doesn't change quickly or easily. A
         | new law would make precedence for the old law moot.
         | 
         | IANAL.
        
           | fallingknife wrote:
           | Maybe if they weren't going after FAANG exclusively I could
           | take this seriously and not think it is entirely politically
           | motivated BS. ISP monopolies are 10x more harmful than
           | anything they are going after. They have even taken subsidies
           | and then refused to deliver what they promised to get the
           | subsidy, and kept the money. But all I hear about is cases
           | against Google and Amazon for things that sound to me like a
           | real legal stretch.
        
           | jncfhnb wrote:
           | We have a good sense that there are problems, but specific
           | problems aren't enumerated and so proving they're not ok is
           | tough.
           | 
           | The EU's Digital Market Act is a good step.
        
           | tyingq wrote:
           | It does feel like some updating would be helpful. The
           | existing language, for example recognizes that markets are
           | sometimes restricted by geography, that you don't need market
           | domination nationwide to be a monopoly. But it doesn't
           | recognize modern day non-geo boundaries. Like, for example,
           | poor people are mostly stuck in an Android "monopoly" because
           | they can't afford an iPhone. It's a separate market. That's
           | just one example. Captive app stores and their relationship
           | with developers are another. I imagine there's more.
        
           | DannyBee wrote:
           | I'm gonna disagree - the original act from 1890, still used,
           | had interpretation issues from the start, which all of the
           | "subversion" you speak of comes from.
           | 
           | It is a difference in how the text is read for sure, but the
           | text is badly written.
           | 
           | It says ""Every contract, combination in the form of trust or
           | otherwise, or conspiracy, in restraint of trade or commerce
           | among the several States, or with foreign nations, is hereby
           | declared to be illegal. . . ."
           | 
           | The immediate problem with this is easy. he act does not
           | define restraint of trade, either, so courts were left to
           | define it.
           | 
           | This led, nearly instantly, to limiting the act to those
           | contracts that "unduly" restrict trade using the rule of
           | reason.
           | 
           | "To treat as condemned by the act all agreements under which,
           | as a result, the cost of conducting an interstate commercial
           | business may be increased would enlarge the application of
           | the act far beyond the fair meaning of the language used.
           | There must be some direct and immediate effect upon
           | interstate commerce in order to come within the act."
           | 
           | Standard Oil, quoting Addyston Pipe & Steel Co. v. United
           | States (1899).
           | 
           | Standard Oil also goes into the fact that restraint of trade
           | is not defined anywhere in the act, etc, as further
           | justification.
           | 
           | All that has happened since then is deciding what "unduly"
           | means for this section
           | 
           | At this point, the sherman act is 133 years old. It would be
           | good to update it and make the language less subject to
           | interpretation.
        
             | bryanlarsen wrote:
             | Sure, but my point is that we don't "need" a new act, as
             | the OP states. All hope is not lost if we don't get one.
             | 
             | Bad precedence and an unclear act makes Lina Khan's actions
             | very difficult, but not quite impossible.
             | 
             | The split nature of Congress, its showmanship and quorum
             | rules make getting a new act very difficult, but not quite
             | impossible.
             | 
             | We should be pursuing both paths in parallel.
        
               | DannyBee wrote:
               | "Bad precedence and an unclear act makes Lina Khan's
               | actions very difficult, but not quite impossible."
               | 
               | No, but she's totally ineffective at knowing where to
               | push or not - so it will be impossible, unfortunately.
        
       | fortran77 wrote:
       | Good!
       | 
       | Though, to be fair, the switching cost for a consumer to start
       | using Target.com (for example) isn't that high. I go to vendors
       | like Target.Com, HomeDepot.Com, BestBuy.com and AliExpress.com
       | for most of the things I used to use Amazon for.
        
         | proamdev123 wrote:
         | Thanks for the list of alternatives!
         | 
         | Have you experienced any unexpected pros and/or cons from using
         | those vendors instead of Amazon?
        
           | Qwertious wrote:
           | >Thanks for the list of alternatives!
           | 
           | I'd love to hear a list of more, if anyone has them - I
           | suspect most of them don't focus on Australia.
        
           | fortran77 wrote:
           | Sometimes things take a few days longer, but no real
           | problems. Target and HomeDepot also both allow "third party
           | sellers" so there's the same clutter issue, though it's not
           | nearly as bad as Amazon.
        
         | kibwen wrote:
         | The issue here is that Amazon's behavior makes the switching
         | cost higher than it would otherwise be. You are penalized for
         | the existence of Amazon even if you don't use Amazon.
        
       | xgl5k wrote:
       | FTC should go after other industries that are far more harmful to
       | customers than tech. ISPs, healthcare/insurance, etc. Tech should
       | be no where near the top of concerns for the FTC.
       | 
       | This is a political stunt. If Lena Khan and the FTC were actually
       | interested in consumer protection, they would go after other
       | industries first.
        
         | enragedcacti wrote:
         | > This is a political stunt. If Lena Khan and the FTC were
         | actually interested in consumer protection, they would go after
         | other industries first.
         | 
         | Totally! As we all know, the FTC is legally bound to only doing
         | one thing at a time.
         | 
         | A more aggressive FTC is starting to target drug mergers and
         | industry middlemen:
         | https://www.fiercehealthcare.com/regulatory/more-aggressive-...
         | 
         | How the FTC Is Tackling 'Below the Radar' Healthcare Deals :
         | https://medcitynews.com/2023/09/how-the-ftc-is-tackling-belo...
         | 
         | FTC warns of 'rampant' pharma consolidation as it targets $28bn
         | Amgen deal:
         | https://www.ft.com/content/bbe06477-22e6-4d46-a4c2-03964a2f8...
         | 
         | FTC writing new internet rules to safeguard users' search,
         | health and location data:
         | https://www.washingtontimes.com/news/2022/nov/22/ftc-writing...
        
         | seatac76 wrote:
         | Tech is omnipresent, is flush with cash that it frequently uses
         | to disrupt (drive existing businesses out and then monopolize)
         | and has an outsize influence on people. It absolutely should be
         | first on the list for anti trust action. and it's Lina Khan.
        
           | xgl5k wrote:
           | Most of the disruption is done by startups not the big
           | companies.
           | 
           | The influence is nowhere near as negative as the impact from
           | the other industries I mentioned.
           | 
           | They gained gained market share by providing better goods and
           | services than the alternatives.
           | 
           | Still, there are viable alternatives to essentially every
           | good or service provided by these companies.
        
           | fallingknife wrote:
           | The only actual monopoly in the tech industry is Google
           | search. There is also a very concerning duopoly with Google /
           | Apple app stores controlling all software loaded on mobile OS
           | that needs to be forced to allow alternate channels. Besides
           | that, I can't think of anything in tech that is actually a
           | concerning monopoly. Amazon has no such monopoly position in
           | e-commerce. The market share really isn't that big.
        
             | xgl5k wrote:
             | Even with Google search being so dominant, there are
             | alternatives like DuckDuckGo, Bing, Yahoo. Many people are
             | also starting to use ChatGPT as an alternative to some of
             | the things they used search engines for.
             | 
             | On Android you can sideload apps, install alternate app
             | stores.
             | 
             | Implying these companies are monopolies is an
             | overstatement.
        
         | Zigurd wrote:
         | Big tech is no longer the disruptor. Mature big tech way too
         | easily devolves into rent-seeking just like those other
         | industries you listed, just with shinier tech.
        
       | overflyer wrote:
       | If I was superstitios and I had to pick a person that is pure
       | evil, Jeff Bezos would be in my TOP 5.
        
       | oldbbsnickname wrote:
       | If proven true in court, I don't see how breaking-up Amazon would
       | be the right remedy because doing so would increase costs to
       | consumers through unnecessary inefficiencies and losses of
       | economies of scale. Just forbid anti-competitive behavior and
       | levy a sizable fine accordingly.
        
       | lsedgwick wrote:
       | I think this demonstrates a way in which all centralized power
       | becomes, for good or for ill, partially absorbed into state
       | power. A major country's government will always be able to exert
       | lots of leverage against, e.g. tech companies, whether for
       | legitimate or illegitimate reasons, it matters not which. They
       | can always threaten regulatory or legislative actions which would
       | be annoying or devastating to shareholders. Hence, behind-the-
       | scenes conversations will always have an implicit fact of "please
       | censor as we ask, provide data and backdoored access to which
       | servers we ask, please don't take on the wrong political causes,
       | elsewise there will be consequences."
       | 
       | Goodness knows that if the intelligence community or state law
       | enforcement has ever wanted access to anything in AWS, now of all
       | times would be when they have the easiest time asking for it!
       | Anything to curry favor with someone who can speak a word of
       | support to federal agencies and state officials.
        
         | lsedgwick wrote:
         | I guess this makes me a little demoralized about the utility of
         | "anti-big-tech government actions," because to the extent any
         | of these actions succeed, it's probably just sending a clear
         | message to enhance state influence/access of other tech
         | companies. If I get excited (and I want to) because "Amazon
         | might be broken up!!1!", maybe that just means Google finally
         | got the message and decided to put backdoors into <insert
         | platform here> on behalf of <insert agency>.
        
       | jononomo wrote:
       | I don't understand the people in this thread defending Amazon.
       | They're just an impersonal corporate conglomerate that doesn't
       | give a *&$! about you. Capitalism is about competition and the
       | more competition the better.
        
       | nologic01 wrote:
       | There should be counterincentives to corporate gigantism and
       | conglomeration. Its as simple as that.
       | 
       | A smartly organized market economy does not wait for oligopolies
       | to wreak havoc before it resorts to costly and slow litigation.
        
       | Sevii wrote:
       | You basically can't shop for products with many options on amazon
       | anymore. It still works for books and things where you know you
       | are getting the right product. But for most goods its easier to
       | use Apple Pay on a shopify store.
        
       | keepamovin wrote:
       | I think the general idea across many companies in the U.S. is a
       | good one: breaking up monopolies that are more vulnerable to
       | external, globalized forces. The goal is to fertilize the
       | business landscape with their metaphorical "whale-fall
       | carcasses," enabling a flourishing of smaller, competitive
       | entities. This strategy aims to revitalize and fortify the
       | American economy against the looming tidal wave of foreign
       | competition. Although this approach may be painful on a local
       | level and even humiliating for some individuals, it's ultimately
       | a sound strategy for macroeconomic management.
        
         | lhoss wrote:
         | yes , one good reason for the break-up, that also Scott G.
         | explains in this new vid: https://youtu.be/jl-
         | SRHMzZHk?si=o2LpMMESWEIrejld ( Interestingly he his Amzn stock
         | holder, favors the breakup, and believes the parts more
         | valuable than the behemoth currently itself. thus a Win,Win,Win
         | !)
        
       | seatac76 wrote:
       | This was blatant monopolistic behavior, control over prices
       | outside your platform with the threat of platform access to
       | enforce it is a slam dunk case.
        
       | hnuser847 wrote:
       | The TL;DR is that the "hidden tax" is onerous advertising fees
       | paid by third-party retailers to have their products appear high
       | in search results.
       | 
       | I don't really see the issue here, since this appears to be a
       | win-win for both consumers and sellers. Consumers get the cheap
       | stuff they want with free shipping, and sellers get access to
       | hundreds of millions of customers and the volume of sales needed
       | to survive in a low-margin business. The fact that sellers are
       | willing to pay these fees suggests that's it worth it for them to
       | be on Amazon. If it wasn't worth it, they would be somewhere
       | else.
        
         | rk06 wrote:
         | Nope, the core issue is Amazon has monopoly on advertisement
         | and distribution. And Amazon is abusing it to suppress
         | competitors.
         | 
         | Consider the scenario:
         | 
         | Amazon executive want more bonus, so they decide to increase
         | retailer prices by 10x.
         | 
         | Now, retailers cost have increased for Amazon by 10x. But other
         | distribution channels remain the same.
         | 
         | So, retailers should increase prices on Amazon only. But Amazon
         | forces them to increase prices everywhere.
         | 
         | This interference of Amazon on other business is the issue
         | 
         | Amazon sees that it's profit is lower
        
           | hnuser847 wrote:
           | If Amazon did that, sales would drop to zero and retailers
           | would leave Amazon. eCommerce is a low-margin business.
           | Sellers will only stay on Amazon as long it's profitable for
           | them.
        
         | zb3 wrote:
         | You pay these fees so the products aren't cheap. And Amazon
         | (using its size) made it impossible for sellers to sell their
         | products cheaper elsewhere. This is anticompetitive.
        
           | hnuser847 wrote:
           | > You pay these fees so the products aren't cheap.
           | 
           | Except they are, otherwise consumers wouldn't use Amazon.
           | Whenever I want to buy anything, I check Amazon first. 9
           | times out of 10 it's the same price as every other retailer
           | with the added benefit of free shipping and free returns. If
           | that wasn't the case, I would have no reason to use Amazon.
        
             | jononomo wrote:
             | You don't realize that the price could be cheaper.
        
             | midnightclubbed wrote:
             | And that is why this case is being brought. Amazon are
             | requiring that the price on Amazon is the cheapest price,
             | even if the retailer would like to sell it on their own
             | store (or eBay, Walmart, etc) for cheaper. If it's sold on
             | Amazon you won't see it cheaper elsewhere.
        
             | pahkah wrote:
             | > Whenever I want to buy anything, I check Amazon first. 9
             | times out of 10 it's the same price as every other retailer
             | with the added benefit of free shipping and free returns.
             | 
             | That's the problem! The issue is that Amazon forces sellers
             | to raise their prices elsewhere, so that Amazon is the best
             | deal for a shopper. But if Amazon didn't have the power to
             | do that (if it didn't have a monopoly as the gateway to
             | online shopping) then other retailers would be able to
             | lower their prices.
             | 
             | That's the "tax" referred to in the article. By inflating
             | prices across the board, but still ensuring that they're
             | the least expensive option, Amazon retains customers and
             | increases profits. Individual consumers choose it because
             | it's the best deal, but the system as a whole loses out
             | because prices are higher than they "should" be.
        
             | hnbad wrote:
             | I'm a consumer who uses Amazon for 90% of their online
             | shopping and let me tell you: I'm not doing it because
             | Amazon is cheap. In recent years more often than not,
             | Amazon isn't actually the cheapest option except for the
             | occasional deal for a subpar product they want to remove
             | from their inventory (but these would be cheap in brick and
             | mortar stores too). Even the deals are largely bogus:
             | "Prime Day" largely exists to buy Amazon equipment at a
             | more reasonable price point and the rest of the time the
             | deals are either for "stocking fillers" (i.e. the kind of
             | stuff you'd find in the discount bin at the supermarket) or
             | noname white label dropshipping products you can barely
             | tell apart from the real deal until they arrive.
             | 
             | I don't use Amazon because it's cheap. I use it because
             | it's convenient. I can do 99% of my non-groceries shopping
             | on Amazon and I get 30 day free returns on most products
             | and next day delivery for some of them, not to mention free
             | shipping on most things I buy (or near-free shipping if you
             | consider the cost of Prime).
             | 
             | What's been pushing me away from Amazon recently is that
             | they're not very good (or even increasingly worse) for some
             | categories of products and in many cases search results are
             | cluttered by Chinese dropshipping products to the point I
             | can't find trustworthier brands at all or for categories
             | I'm less familiar with have to do research to figure out
             | which brands actually exist outside of Amazon's Chinese
             | dropshipping hell. And again because of the free returns
             | (and in the case of non-free returns the A-to-Z guarantee
             | still often resulting in free returns or full refunds) this
             | is not a cost issue but more about the reduction in
             | convenience.
             | 
             | Mind you, I live in Germany and German Amazon is likely
             | different. But Amazon is still the biggest online retailer
             | here despite not being the cheapest. Arguably it still
             | maintains the illusion of being the cheapest because of the
             | free shipping (if you pay for Prime) and the constant
             | barrage of "deals".
        
         | globalnode wrote:
         | did you read it all? it claims the prices are higher due to the
         | hidden tax and that amazon is price fixing by threatening to
         | block 3rd party sellers if they sell at a more reasonable price
         | elsewhere. this doesnt necessarily mean that consumers will get
         | a better deal elsewhere but it is probably unhealthy to put all
         | that price setting behaviour in the hands of one company.
        
           | proamdev123 wrote:
           | This is an excellent point.
           | 
           | I'm extremely curious to see if the evidence shows that
           | Amazon's practices actually drive up prices in the market or
           | whether there's not much impact.
           | 
           | I suspect the answer may vary drastically depending on the
           | product category.
        
           | fallingknife wrote:
           | That doesn't really sound like price setting power. They are
           | saying you can set whatever price you want, but it has to be
           | the same as other sales channels.
        
             | Qwertious wrote:
             | "Other sales channels" being Amazon's competitors - suppose
             | you sell a... cup that costs $1 to produce, and you sell it
             | on Amazon and Bmazon. Amazon charges $2 in fees, and Bmazon
             | charges $0.50 in fees.
             | 
             | In this hypothetical example with _demonstration numbers_
             | for effect, you could sell your cup for a minimum of $1.50
             | on Bmazon and $3 on Amazon - everything above that is pure
             | profit. In such a scenario, you would obviously much prefer
             | selling at $2.50 on Bmazon over selling for $3.50 on
             | Amazon, since you make 2x the profit, and _the average
             | customer_ would much prefer to buy the device at a ~30%
             | discount! Unless the customer legitimately derives an extra
             | $1 worth of value from using Amazon instead of Bmazon, in
             | which case Amazon gets the sale anyway.
             | 
             | But, if 90% of your sales are on Amazon, then you _can 't_
             | offer this deal that both you and the customer are
             | legitimately incentivized to do, because you'd lose 80% of
             | your revenue.
             | 
             | In such a scenario, Amazon has _no_ competitive incentive
             | to reduce their fees! It suppresses market signals towards
             | lower-overhead sales platforms, i.e. you have no way to
             | signal to your customers that a sale on Bmazon benefits you
             | _twice_ as much as on Amazon.
             | 
             | Basically, Amazon is trying to abuse a network-effect
             | instead of actually competing with their competition.
             | They're deplatforming anyone who doesn't voluntarily price-
             | fix for them. It's insane.
        
             | stale2002 wrote:
             | The rule means that a seller cannot pass the savings onto
             | the consumer, by giving the consumer the fee that they
             | would otherwise pay amazon.
             | 
             | Thats the issue.
        
       | mountainofdeath wrote:
       | Much of what Amazon does is what other retailers already do.
       | Amazon just does it more overtly and with smaller businesses. In
       | fact, various aspects of this where pioneered by WalMart and
       | Costco. 1. WalMart determines the expected product and expected
       | price and tells vendors to take it or leave it. The agreement
       | often has a stipulation that the same product can never be
       | cheaper elsewhere which is sometimes easy as WalMart gets
       | specific SKUs. 2. On the other side, Costco makes the majority of
       | its money from memberships. The membership is a significant sunk
       | cost and maintains brand loyalty from a mass affluent customer
       | base (notice the similarity to Amazon Prime). Existing vendors
       | will work closely with Costco to tailor products to this
       | desirable market (see Costco specific SKUs for TVs, routers,
       | etc). Upstart brands will go even further to get their wares in
       | front of an audience with ample disposable income.
       | 
       | The Amazon policy basically says that the vendor must offer free
       | shipping. Coincidentally, nobody can offer shipping for less than
       | what Amazon offers therefore Amazon(FBA) is by default the lowest
       | price. The only other company that can fight this with a
       | logistics network of its own is...WalMart.
       | 
       | Then you have Chinese vendors who sell through networks of
       | dropshippers and resellers at Amazon and other venues. It's why
       | you see many vendors of seemingly the same item.
       | 
       | One thing to note is that it's mostly small and medium vendors of
       | relatively low margin items that are the most hurt by Amazon's
       | policies. Seller's of high margin items just eat into their
       | margins while large vendors push back at Amazon and sometimes win
       | e.g. Toilet Paper that comes directly out of a Georgia Pacific
       | warehouse instead an Amazon warehouse despite being labeled as
       | Prime and sold by Amazon.com, not a third party.
        
         | Salgat wrote:
         | Amazon's biggest advantage is that they can sell fakes and
         | patent violating products to undercut other retailers.
        
           | time0ut wrote:
           | Don't forget copyright violating products.
        
         | bonestamp2 wrote:
         | > The agreement often has a stipulation that the same product
         | can never be cheaper elsewhere which is sometimes easy as
         | WalMart gets specific SKUs
         | 
         | Yep, this is anti-consumer and anti-competitive -- it should be
         | illegal. Here's where it gets interesting though...
         | 
         | In wal-mart's case they're trying to win on price competition
         | alone. They're hoping with their volume, operations and
         | efficiency, nobody else can sell with a lower margin. But
         | Amazon is doing the opposite.
         | 
         | I looked into selling on Amazon recently and the fees were over
         | 30%! Amazon requiring that sellers can't offer a lower price
         | elsewhere drives the prices up on Amazon and off Amazon.
         | Primarily, they're trying to prevent sellers from directing
         | buyers to their own website where they can offer the product at
         | a lower price because there are no 30%+ fees.
        
         | Guvante wrote:
         | Amazon Prime isn't the same as Costco Membership unless you
         | ignore everything beyond "richer customers are willing to pay
         | for it".
         | 
         | Costco makes its profit off its membership.
         | 
         | Amazon Prime offers a product at less than cost and then shifts
         | that cost onto its manufacturers.
         | 
         | After all if I am paying Amazon for Prime shouldn't Amazon pay
         | for the difference between more typical free shipping and two
         | day shipping at minimum? Isn't that what the payment is for?
         | 
         | The reality is Amazon Prime is more akin to a loss leader and
         | Amazon realized it could use its market position to avoid
         | inflating it's price to reflect that loss by putting pressure
         | on its partners.
         | 
         | Of course whether this is legal is an open question obviously
         | but it certainly isn't the same as Costco using a membership as
         | a profit source.
         | 
         | Walmart vs Amazon is more nuanced as the difference gets into
         | market overlaps. Should Amazon be able to force you to use its
         | fulfillment service to use its website (which is generally
         | illegal for drop ship style setups like Amazon who doesn't take
         | ownership).
         | 
         | So Amazon is certainly rubbing against a "you can't force
         | bundling like that". The question is whether their "forcing"
         | you in the way their website heavily focuses on Prime.
        
         | darkarmani wrote:
         | Isn't that totally different? I thought brick and mortar stores
         | actually buy inventory (or commit to buy orders in this age of
         | just-in-time) where Amazon is just the middleman connecting
         | buyers and sellers and charging fees on both ends.
         | 
         | If Amazon wants to commit to certain sizes of orders, I'm sure
         | the vendors will be happy with contractual price setting.
        
           | viraptor wrote:
           | Amazon warehouse inventory is held ahead of time. That's how
           | the commitment to some stock levels works today.
        
         | coltonv wrote:
         | I hate that every discussion of reigning in abusive companies
         | has to come with 1000 comments about how other companies are
         | also being abusive, which should apparently make us just wave
         | the white flag. Nah, let's deal with all the monopolies, and
         | Amazon is a good place to start since like you said, they are
         | just incredibly blatant.
        
           | mycologos wrote:
           | In what sense is Costco an "abusive" company? They squeeze
           | their suppliers, but their suppliers legitimately have other
           | options. I'm not aware of any market what Costco is the only
           | game in town.
        
           | fallingknife wrote:
           | It's a very strong argument to say that the practice
           | currently being pursued by the FTC has been a long standing
           | and generally accepted as legal practice in the retail
           | industry. The fact that they are going after Amazon for this,
           | but have not ever gone after anybody else who has been doing
           | it for decades leads me to the conclusion that this is not
           | about the actual trade practice it claims to be about, but
           | rather a politically targeted attack on Amazon.
           | 
           | And the FTC is very much capable of running multiple
           | enforcement actions at once. Why are there no such charges
           | against other companies doing the same thing. They don't have
           | to be one at a time.
        
             | [deleted]
        
           | araes wrote:
           | It's obvious astroturfing.
           | 
           | The top two posts with the most upvotes are "Ebay is just as
           | bad" for the startoff line, and "Everybody's just as bad as
           | Amazon. Why are you being so mean and cruel to Amazon?"
           | 
           | Obvious astroturfing, just like the entire Amazon review
           | ecosystem. Surprise? No.
           | 
           | https://mkorostoff.github.io/1-pixel-wealth/ Bezos' wealth
           | relative to "normal" shown as 1-pixel comparisons. Be careful
           | once you get to the $Trillion portion (you'll be scrolling
           | for the rest of your life.)
        
           | danielmarkbruce wrote:
           | "all the monopolies"
        
             | bdw5204 wrote:
             | The precise term would be the oligopolies.
        
         | jancsika wrote:
         | > Much of what Amazon does is what other retailers already do.
         | 
         | Walmart and Costco subsidize free shipping by raising prices on
         | the third party businesses who sell through them?
         | 
         | Because that's what the article is about.
        
           | thayne wrote:
           | The mechanics might be different, but the "free shipping" is
           | still subsidized by driving the price of the product itself
           | up. Either way, all consumers pay a higher price, so that a
           | subset of them don't have to pay for shipping.
        
             | Guvante wrote:
             | Historically you are careful with free shipping to ensure
             | the loss is less than say a retail cut of the price.
             | 
             | That is why minimum orders were so popular, if it cost say
             | $8 to ship something and a retail margin is 15% I can do
             | the math on a break even point where it is a wash or better
             | for the vendor.
        
           | tick_tock_tick wrote:
           | Yes
        
         | resoluteteeth wrote:
         | > The agreement often has a stipulation that the same product
         | can never be cheaper elsewhere which is sometimes easy as
         | WalMart gets specific SKUs
         | 
         | Does the trick of creating different SKUs work for amazon
         | though? If not, it seems like what they're doing might be
         | worse. Since according to the article they're now enforcing the
         | rule against having lower prices elsewhere through software,
         | depending on how it's implemented it could end up having a much
         | broader effect.
        
         | dmix wrote:
         | > The agreement often has a stipulation that the same product
         | can never be cheaper elsewhere which is sometimes easy as
         | WalMart gets specific SKUs.
         | 
         | Are you sure this is done overtly by Walmart? As the article
         | says Amazon had this policy but it was dropped because of EU
         | and US gov pressure. I'd be surprised if Walmart got an
         | exception.
         | 
         | Unless there's some distinction for retail stores not just
         | online.
        
       | rybosworld wrote:
       | One of the benefits of a tightening economy is that people pay a
       | lot more attention to monopolies. The pain inflicted by a
       | monopoly reaches a boiling over point when money is tight.
        
       | jldugger wrote:
       | I never understood why Walmart bought jet.com, but that was
       | extremely good for Amazon. It's not really possible for the FTC
       | to unwind that approval without suing amazon though, right?
        
       | 3seashells wrote:
       | They thought they escaped all state power via globalization and
       | now it's back, lo and behold there is always a bigger fish in the
       | water..
        
       | slibhb wrote:
       | Legality aside, I'm not sure that Amazon is winning in the long
       | run with this strategy. I mostly buy products direct from the
       | manufacturer these days and virtually all manufacturers have high
       | quality websites with solid ordering experiences. As long as they
       | have the name recognition, they can either sell for higher on
       | Amazon and take the advertising hit or just ignore Amazon
       | altogether.
       | 
       | I continue to buy some stuff on Amazon. Mostly books (they're way
       | cheaper than book stores) and gadgets (I bought a 12 volt car fan
       | recently). The sort of stuff where I don't care who makes it.
        
         | risho wrote:
         | i would pay more money to not have to put my credit card into
         | or attach my identity to 100 different random websites all of
         | which almost certainly have worse security practices than
         | amazon and many of which absolutely will have that data stolen
         | at some point.
         | 
         | even for people who don't think about stuff like that, it's way
         | easier for the average person to buy everything from a single
         | place than to go to a bunch of different random websites to buy
         | things they want.
        
           | taeric wrote:
           | Isn't this basically what Shopify is, nowadays? Or "buy with
           | Amazon" or a few other options that I can't remember the
           | names of.
        
             | ganoushoreilly wrote:
             | It is. I've even found myself searching within the shop app
             | to find products from smaller stores vs the larger stores.
             | It's nice they have a shipment tracker built in and so far
             | i've not had any issues. They're even running promotions /
             | incentives with their Shop Cash, so they're trying for
             | sure.
        
           | takeda wrote:
           | There was this feature provided by banks. I remember BofA was
           | one. Unfortunately they removed it. You could create a
           | temporary credit card number for specific vendor.
           | 
           | It even had option to set one time limit or recurring limit.
           | 
           | I don't understand why it was taken away, was it giving too
           | much control to the customer?
        
             | sizzle wrote:
             | Capital one Eno browser extension for chrome generates a
             | new CC number for any site. I love using it!
        
             | edmundsauto wrote:
             | Google offers virtual credit card numbers fyi. I don't
             | think they are vendor locked, but offer a potential
             | solution for you. Albeit one with additional drawbacks.
        
             | kij wrote:
             | I use Revolut alone for that reason. Single-use virtual
             | cards they call it.
        
           | 93po wrote:
           | privacy dot com does this really well
        
           | BLanen wrote:
           | Many countries have solved this without needing
           | monopolies/monopsonies by having sane payment methods.
        
           | amoshi wrote:
           | Many sites support Paypal which means your payment data is
           | safe
        
             | xur17 wrote:
             | I really wish there was an open standard for something like
             | this.
        
               | ceejayoz wrote:
               | There is. https://www.w3.org/TR/payment-request/
               | 
               | Supported everywhere except Firefox (where there's
               | currently a flag to enable).
               | https://developer.mozilla.org/en-
               | US/docs/Web/API/Payment_Req...
        
           | szatkus wrote:
           | I coded a credit card payment a few times in my career and
           | from what I saw it's always just a token. That token could be
           | only used to make transactions from your account to the
           | specific vendor's account. Of course there's always could be
           | some incompetent developer who thought that saving credit
           | card data into a database is a great idea, but overall it's
           | not as risky as people think.
        
           | itslennysfault wrote:
           | I would (and sometimes do) pay more money to not give money
           | to Amazon. Also, I feel like the vast majority of sites
           | support Google Pay, Apple Pay, PayPal and/or Venmo these days
           | so I rarely find myself entering my credit card number.
        
         | hroa wrote:
         | I do the same. I try to buy on manufacture sites when I can.
         | Mainly because of the 1 bin policy. Feels like some times I get
         | products that a seller bought at a discount because of defects
         | or package damage, and these are treated the same as new.
        
       | endisneigh wrote:
       | It seems the government's main issue is that they have problems
       | with companies being large. If that's the issue they should lobby
       | congress to simply enforce some maximum size/impact a company
       | has.
       | 
       | My opinion on this is that e-commerce is extremely competitive
       | and consumers are already highly motivated to pay the least
       | amount of money. If it were cheaper for consumers to go elsewhere
       | they would, and sellers would follow.
        
         | abirch wrote:
         | I agree with you. I quit using Amazon late last year and it's
         | pretty easy to change to different vendors. Hopefully more
         | consumers do this so that vendors don't have to use the Amazon
         | price everywhere else on the internet.
        
           | proamdev123 wrote:
           | Where do you shop online now for things that you used to buy
           | on Amazon? Have you found any unexpected pros or cons from
           | going to alternative online stores?
           | 
           | I'm not planning to leave Amazon, but I'd love to find good
           | alternatives.
        
             | endisneigh wrote:
             | eBay, Walmart, Wix, Shopify stores, etc. You can use Google
             | Shopping to find even more places. Amazon rarely has the
             | best price for all items these days.
        
             | abirch wrote:
             | For smaller things I use Target. I rely more on Costco as
             | well (versus Amazon's subscribe and save)
             | 
             | For more niche items I buy in bulk from different the
             | manufacturer's site. To be honest it's a little more work
             | but to help retailers it's worth it. Sometimes I have to
             | pay for shipping but I do remember that I'm saving 130
             | dollars a year by not being Prime.
        
         | BarryMilo wrote:
         | That's a very naive view of the free market. What has been
         | happening is Amazon consolidated the market, creating
         | artificial barriers to entry as they do so (e.g. any and all
         | exclusivity deals). This was always their plan, and they
         | operated in the red for a very long time to get there. Hardly
         | fair competition.
        
           | endisneigh wrote:
           | What's the barrier to entry? It's hardly a requirement to
           | sell on Amazon. It's extremely straightforward to sell stuff
           | on the internet these days.
           | 
           | Sellers are just complaining that they can't access Amazon's
           | audience and do as they want. Luckily there's eBay, Shopify,
           | Wix, etc. etc.
        
             | alkonaut wrote:
             | A free market is where everyone can sell their products in
             | the town square. Amazon isn't a seller on the town square,
             | they _are_ (a large part of) the town square. And that 's
             | not in the best interest of consumers long term. There are
             | other examples, such as Apple's app store that have this
             | pattern too. It's true that there are other players, but
             | when Amazon has the market share it has, it's often not
             | feasible to ignore that customer group. And that means
             | customers pay too much.
        
         | icegreentea2 wrote:
         | I think you're right that the government does have 'limit the
         | size of companies' as a motivation, but I don't think that's
         | their main motivation.
         | 
         | For one thing, how would you even right and enforce a law on
         | maximum size/impact of a company? How would this even
         | politically get through? There's already enough push-back
         | against enforcing laws like "don't form cartels". The pushback
         | on maximum size/impact of a company would be even more intense.
         | 
         | In any case, as the article states, "Today, Amazon tells
         | sellers that if it detects a lower price for their products on
         | any other online store, they will be punished, which is to say,
         | their ability to get their products onto a place on the Amazon
         | website where customers click will go away.". In other words,
         | e-commerce is not extremely competitive.
        
           | endisneigh wrote:
           | > In any case, as the article states, "Today, Amazon tells
           | sellers that if it detects a lower price for their products
           | on any other online store, they will be punished, which is to
           | say, their ability to get their products onto a place on the
           | Amazon website where customers click will go away.". In other
           | words, e-commerce is not extremely competitive.
           | 
           | This is a good thing, and those sellers can leave Amazon.
        
           | [deleted]
        
       | Semaphor wrote:
       | Hm, is the forced price country dependent? Because I've actually
       | bought or found several products via Amazon, that I later started
       | buying for less on the seller's private store. Germany.
        
         | hnbad wrote:
         | I routinely see higher prices on German Amazon than on other
         | stores to the point of seeing sellers for third-party products
         | asking for almost twice of what an item would normally cost
         | when bought directly from a seller who doesn't sell on Amazon.
         | For example you can buy Starlink equipment on Amazon but it'll
         | always cost a good 20% more (or more) than you'd pay when
         | buying from Starlink directly.
         | 
         | I'm not sure if the forced price exists in Germany for first-
         | party sellers but it might explain why there seems to be a
         | cottage industry of third-party sellers selling overpriced
         | goods on Amazon. That is of course in addition to the universal
         | problem of a dozen brands with names lifted from a word
         | generator selling the same dropshipped white label product out
         | of a factory in China at vastly different price points to
         | create the illusion of choice.
        
         | xbmcuser wrote:
         | european countries usually have customer protections with teeth
         | where as US seem to have corporate protection rather than
         | consumer protections
        
       | someonehere wrote:
       | What does breaking up Amazon look like? I'm genuinely curious
       | because half the comments I see in here are "break up Amazon!" or
       | "break up FAANG!"
       | 
       | What does that look like? What would Amazon look like if broken
       | up?
       | 
       | In the end we all know lobbyists from Amazon will somehow
       | influence their outcome.
        
         | thsksbd wrote:
         | One option is to divide AMZ along business units. Thats the
         | natural, easy way to do so. Itd cause least loss of value to
         | the shareholders.
         | 
         | I disagree. AMZ babies would still be essentially monopolistic
         | in their markets. Nor do I think shareholder value, after being
         | inflated through monopolistic abuse, is sacrisanct.
         | 
         | Divide AMZ slicing through the business units. Make a half
         | dozen vertically integrated baby AMZs. They all have access to
         | AMZ IP, held by a separate company that can license it out to
         | third parties (ie if they don't license their web tech to, say,
         | Best Buy this AMZ baby has no revenue and goes to receivership
         | since all other AMZ babies don't have to pay licensing fees).
         | 
         | EDIT: I almost forgot liability. Transfer all current known and
         | unknown AMZ liabilities, including fraud and sale of fake
         | goods, to the baby AMZs.
        
           | theptip wrote:
           | I'm suspicious, I think most people underestimate how hard it
           | would be to split companies.
           | 
           | If you have everyone in the company go dig holes for 24
           | months, the stock price would tank and much value would be
           | destroyed.
           | 
           | Likewise splitting is a massive effort that amounts to
           | burning resources that wouldn't otherwise be spent.
           | 
           | Now part of the point is to destroy the monopoly, which
           | reduces company value too. This is a subtle point; we are
           | probably ok with this because implicitly this is profit
           | extracted as rent and which should really go to competitors.
           | We'd probably say the value here is being redistributed.
           | 
           | But the monopoly rent is different from the actual OpEx and
           | CapEx required to restructure. I really want to see even a
           | rough quantitative analysis here before making any
           | commitments.
           | 
           | The approach you put forth here seems maximally complex and
           | inefficient as an end state, FWIW. Shared access is going to
           | be a nightmare to operationalize. Much better to cut at
           | existing business unit org boundaries.
        
         | themagician wrote:
         | Amazon Retail (Vendor Central), Amazon Marketplace (Seller
         | Central), and Amazon Brands (Amazon Basics, Pinzon, etc.)
         | probably need to be separate companies. You also have decide
         | where Amazon Ads and Amazon Registry will live.
         | 
         | Currently these four services all exist under the same roof and
         | it gives Amazon basically unlimited power to unilaterally
         | destroy entire companies or brands with zero consequences and
         | no effort.
        
         | ezfe wrote:
         | Here are some possibilities (not claiming these are practical
         | or a solution):
         | 
         | The first is splitting Amazon-retail from their other products
         | (Alexa, Ring, AWS, etc.)
         | 
         | The second is splitting Amazon-logistics out. I'm not exactly
         | sure how this would work, but it could be argued that Amazon
         | logistics could operate standalone.
        
           | timmaxw wrote:
           | The latter seems plausible to me, but the former makes no
           | sense. If the problem is that Amazon-retail has too much
           | market power, how would splitting off AWS help with that
           | problem? Amazon-retail would still have the same fraction of
           | the retail market as before.
        
             | scarface_74 wrote:
             | Exactly, people here who shout "break them up", don't put
             | an ounce of thought into it.
        
             | burkaman wrote:
             | Splitting off AWS wouldn't be enough on its own, but I
             | think the argument would be that Amazon makes a substantial
             | amount of its operating income from AWS (70% in the latest
             | quarter: https://ir.aboutamazon.com/news-release/news-
             | release-details...), which allows it to fund anti-
             | competitive marketplace practices like undercutting
             | competitors at a loss to force them out of business. It
             | would be more difficult to sustain such practices without
             | AWS income.
        
           | Cerium wrote:
           | FBA as a separate business would be interesting for sure. It
           | would separate out the value of Amazon marketplace from the
           | value of outsourcing your order fulfillment logistics.
        
             | joeframbach wrote:
             | All I ever wanted was to be able to search "shipped and
             | sold by Amazon" results only. If this is the heavy hammer
             | needed to get to that end result, so be it.
        
           | NoMoreNicksLeft wrote:
           | The first one seems obtuse. If here were some 1960s-style
           | comglomerate that sold shower curtains and offered
           | professional bowling ball waxing, with a 95% monopoly in
           | both...
           | 
           | Why would splitting it out into two monopolies improve
           | anything? Even if there are some unknown, misunderstood
           | synergies between the two businesses, will they not just
           | collude in that way that bridge players do, without any overt
           | actions that could be punished?
        
             | thfuran wrote:
             | >will they not just collude in that way that bridge players
             | do, without any overt actions that could be punished?
             | 
             | Currently, they get that for free by virtue of being the
             | same company. If they were separate companies, it would
             | require actual collusion and may, depending on the
             | specifics, be illegal. It's also be less likely to occur
             | since they'd need some motivation to do so. Why would the
             | shower curtain company even attempt to collude with the
             | bowling ball waxing business?
        
               | NoMoreNicksLeft wrote:
               | > If they were separate companies, it would require
               | actual collusion a
               | 
               | I don't play bridge, never learned. A game consists of
               | two teams of two players each. My vague understanding is
               | that you might win if a partner gets ahold of a card that
               | you discard, but that you can't know what card that is
               | without saying so (cheating).
               | 
               | Good players can tell what cards their partners might
               | need, and discard anyway. This isn't cheating, it's just
               | good play.
               | 
               | In a court of law, the former is definitely some
               | violation of antitrust law. But the latter is just good
               | business. And even if it weren't, no overt acts have been
               | committed that could lead to successful prosecutorial
               | outcomes.
               | 
               | Philosophically, it may still be collusion. Good luck
               | doing anything about it.
               | 
               | > It's also be less likely to occur since they'd need
               | some motivation to do so.
               | 
               | Game theory supplies that just fine. If I have a monopoly
               | in A, and you a monopoly in B, then I might just protect
               | your monopoly in B without you requesting that, without
               | you giving me instructions.
               | 
               | And from that point on, if you see a place where you can
               | hurt or help me, you might choose to help without me
               | requesting it or asking. Because if my monopoly on A is
               | hurt... I can no longer afford to help you without you
               | asking. Supporting me is a no-brainer. At least if the
               | other party isn't a complete imbecile, they can see it.
               | While there's no accounting for stupidity (second most
               | powerful force after compound interest), we can already
               | assume that the leadership of these companies is non-
               | stupid just because of the success they've already
               | achieved.
               | 
               | > Why would the shower curtain company even attempt to
               | collude with the bowling ball waxing business?
               | 
               | When they break these companies up, they don't fire 100%
               | of management and rehire. Most of them know each other.
               | Most are friendly with each other, if not friends. Sure,
               | employee attrition will eventually break those bonds ten
               | years down the road. But they already know how each other
               | thinks.
               | 
               | Silent collusion, without so much as a wink or a nod, is
               | definitely within the realm of possibility. The
               | previously existing social connections are present. Their
               | goals were largely aligned before, and nothing has
               | occurred to de-align them. Mutual success may be easier
               | than individual success. A sort of "corporate altruism"
               | can emerge.
               | 
               | Evolution does this shit all the time with symbiotes.
               | It's not like their colluding to co-evolve with each
               | other. You won't find conspiracy evidence in the fossil
               | record that they just started helping each other, it only
               | proved to be a better strategy than individuality, and so
               | they went with it.
        
               | thfuran wrote:
               | >Game theory supplies that just fine
               | 
               | To a vastly lesser extent than when it's one company with
               | one board and one CEO in charge of multiple business
               | units that would be unrelated after the breakup. If you
               | break off Costco's chicken selling business from the rest
               | of the store, the chicken business isn't going to keep
               | their prices so low to boost the other company's sales
               | because it costs them too much money to do so and they
               | get far less benefit from boosting the other company's
               | sales than when they were the same company.
        
               | NoMoreNicksLeft wrote:
               | > If you break off Costco's chicken selling business from
               | the rest of the store,
               | 
               | It sure seems like that, but in the real world we do have
               | many counter-examples where a singular company does do
               | the loss leader thing for a long while, going into the
               | red year after year. Often, it's never clear why or how
               | they could think this was a winning business model.
               | 
               | The chicken-selling business might do the same, and their
               | justifications for doing that might never be sound, they
               | might not even be the reasons why they're doing it, but
               | just some post hoc rationalization to themselves and the
               | real reason is poorly understood by all involved.
               | 
               | If the rest of Costco sees this happening, are they going
               | to step in and sabotage the chicken-sellers? Lord knows
               | it drives some traffic to their stores (they might be
               | unwilling to study that and write reports, as it could
               | then be used against them if the FTC comes after them
               | again, but they'd still notice). If they can subtly act
               | to somehow ease the pressure, or make that worthwhile to
               | the chicken-sellers without leaving a paper trail, they'd
               | be fools not to do it right?
               | 
               | Of course, without exotic economic principles, that can't
               | last forever. But unless you're claiming that there are
               | business units for AWS are deep into loss-leading, your
               | analogy only applies very generally and it's difficult to
               | see how they could fall into similar snags.
        
             | tonyedgecombe wrote:
             | It would stop cross subsidy. I'm sure I read that the
             | distribution side of the business gets AWS services at
             | cost.
        
         | burkaman wrote:
         | Amazon marketplace, AWS, Whole Foods, Twitch, Fulfillment by
         | Amazon, and maybe Amazon Studios could all be separate
         | companies. I think Amazon marketplace would also be forced to
         | end some practices like not allowing sellers to have lower
         | prices elsewhere.
        
           | scarface_74 wrote:
           | Yes, because Amazon owning _Whole Foods_ is keeping other
           | grocery stores from competing and offering a lower price?
           | 
           | And Amazon Studios is do successful it must be broken up.
           | 
           | Not to mention if AWS was broken up from Amazon smaller
           | competitors could come in an offer cloud services distributed
           | world wide at scale.
           | 
           | Have you really thought about how useless these suggestions
           | are?
        
         | fallat wrote:
         | Thanks for saying this, I'd love to see people talking about
         | this over everything else.
         | 
         | Maybe it looks like multiple companies, i.e. AWS becomes
         | separated with its own CEO, etc.
        
         | endisneigh wrote:
         | It doesn't really matter because Amazon isn't going to be
         | broken up to begin with.
        
           | distances wrote:
           | I think you made your position clear enough already in the
           | other threads.
        
             | Ylpertnodi wrote:
             | Oooh, what did they say?
        
               | Qwertious wrote:
               | He thinks Amazon is acting in good faith, and he's also
               | an ideologue who doesn't see anything wrong with Amazon
               | deplatforming anyone who passes along lower costs on
               | other platforms.
        
           | henry2023 wrote:
           | People said the same about Bell.
        
         | billjings wrote:
         | An obvious choice would be AWS. AWS operates fairly
         | independently of the rest of the company, and its huge profits
         | subsidize the retail wing.
        
           | tonyedgecombe wrote:
           | If you imagine the situation in reverse, where they were two
           | independent companies it would make very little sense to
           | merge them. One is a high margin technology business and the
           | other a low margin distribution company. There would be very
           | little synergy.
        
       | badrabbit wrote:
       | What does this mean realistically? If I were Bezos, would I just
       | have more companies on paper? Maybe more manangement and
       | different companies doing business with each other but they all
       | have the same owners?
        
       | flareback wrote:
       | Can we sue the Federal Reserve for it's "Hidden Tax" of
       | inflation?
        
       | ApolloFortyNine wrote:
       | What magic does apple work behind the scenes to avoid scrutiny?
       | If we're talking about hidden taxes, surely the only app store
       | allowed on 50% of smart phones taking 30% is a hidden tax?
       | 
       | And if not that, surely visa/mastercard's fee is it's own hidden
       | tax?
        
         | betenoire wrote:
         | What's the android version of Amazon, again?
         | 
         | These are clearly different scales of manipulation. On one
         | hand, you have a brand controlling their own luxury devices,
         | and on the other, you have a brand controlling literally
         | everything else.
        
           | ApolloFortyNine wrote:
           | Walmart? Every grocery store? Its hardly required to shop at
           | Amazon if your point is it's a true monopoly, I'm not sure
           | what domain you're trying to say they're the only competitor
           | in.
           | 
           | Prioritizing your own brand has been the norm at every
           | grocery store I've ever been to.
        
         | Ensorceled wrote:
         | Yes, the FTC should look at Apple.
         | 
         | But Google, Amazon, Microsoft, Facebook would all be higher on
         | my "FTC TECH TODO" list than Apple so I'm not sure why you
         | focused on Apple in this "whatabout"?
        
           | Twisell wrote:
           | Beside DOJ did pretty harshly condemned Apple for the MFN
           | they implemented for eBooks in 2013.
           | https://en.m.wikipedia.org/wiki/United_States_v._Apple_Inc.
           | 
           | Interestingly one of the possible starting point for this
           | investigation was a complain from Amazon to the FTC.
           | 
           | I am eagerly awaiting the acrobatic justifications Amazon
           | lawyers will have to find out to justify that their MFN
           | clause is perfectly legal without contradicting their own
           | claims of the 2013 case...
        
           | ApolloFortyNine wrote:
           | Well Google, Amazon, and Facebook simply don't have
           | monopolies, though if you define the market as iPhone app,
           | then Apple does, no argument. And the harm to consumer is
           | incredibly easy to spot, a 30% tax on any app purchase or in
           | app purchase.
           | 
           | Each of the web companies also have one of the most comically
           | low barriers to change of any 'monopoly'. When att was broken
           | up it was truly the only phone carrier for much of the US,
           | switching was borderline impossible. You could replace Google
           | search in the next 30 seconds.
        
       | chrischen wrote:
       | What about the google tax?
        
       | thelastgallon wrote:
       | An excerpt from: https://pluralistic.net/2023/04/25/greedflation/
       | 
       | Amazon binds its sellers over to something called Most Favored
       | Nation status. That means that sellers can't offer their goods
       | more cheaply than they do on Amazon - even if it costs them
       | (lots) less to sell in Target or direct from their websites. This
       | means that every time a seller adds a dollar to their Amazon sale
       | price, they have to add a dollar to the price of their goods
       | everywhere else, too.
       | 
       | After a bunch of state AGs filed lawsuits against Amazon over
       | this, the company promised to cut it out.
       | 
       | They lied.
       | 
       | A new filing in California's suit against Amazon reveals that
       | sellers live "in constant fear" of retaliation from Amazon if
       | they allow their goods to be sold more cheaply elsewhere.
        
         | traviswingo wrote:
         | I feel like I've purchased direct from business at much cheaper
         | rates than what were listed on Amazon.
         | 
         | Is it possible the loophole here is to provide discount codes
         | at checkout for "20% off" on website only, and now magically
         | it's cheaper than Amazon?
        
           | jrockway wrote:
           | I suppose if ABC LLC makes the devices, and someone sets up
           | ABD LLC to sell them on Amazon and ABE LLC to sell them on
           | Target.com, ABE LLC and ABC LLC aren't bound to ABD LLC's
           | "most favored nation" agreement.
           | 
           | Shell companies are for more than just tax evasion!
        
         | nemo44x wrote:
         | Isn't this very common among all resellers? For example if you
         | own a hotel and want other websites to sell your availability
         | they will only list you if you don't list the same availability
         | for less money. They do this in part because people use the
         | service to search for hotels and even they find one they want
         | they go to other places to see if it's cheaper.
        
           | notatoad wrote:
           | This is an antitrust lawsuit filed by the FTC, not an
           | accusation of specifically illegal conduct.
           | 
           | They're not saying amazon committed a crime by doing this,
           | they're saying that it's evidence of amazon abusing their
           | market position to create a monopoly. "most favoured nation"
           | status is legal, creating a monopoly isn't.
        
             | jjk166 wrote:
             | You have that backwards. Monopolies are perfectly legal, it
             | is only establishing and maintaining monopolies by improper
             | conduct (ie specific anti-competitive practices) that is
             | illegal. MFNs are not per se anticompetitive, but by the
             | rule of reason they might be under certain circumstances.
             | The FTC would have to prove that this is one such instance
             | where MFNs are illegal conduct.
        
         | endisneigh wrote:
         | I don't see the problem with this. They don't have to sell on
         | Amazon to begin with. Amazon obviously wants their customers to
         | have the best price available. Sellers can just go off Amazon
         | if they don't like it. If sellers end up raising the price on
         | other platforms as a result of this rule, then that says more
         | about them than Amazon.
         | 
         | Demanding the lowest price does not harm consumers. Overstock,
         | Wayfair, Walmart and others do the same thing. The result is
         | the lowest price for a given product on _all_ sites. This is
         | unquestionably good for consumers.
         | 
         | If the price is higher then the fault is simply that of the
         | seller for raising it. All e-commerce sites want the lowest
         | price for their customers. Of course, people don't see nuance
         | and just see BigCompany bad.
        
           | brookst wrote:
           | I'll take the charitable interpretation and assume you just
           | don't understand the mechanics of the policy.
           | 
           | Amazon is saying that sellers _cannot_ offer a fair low price
           | to customers on other platforms if the seller can 't also
           | offer it on Amazon. This is 1) anticompetitive, 2)
           | anticonsumer, and 3) insane.
           | 
           | Consider this test:
           | 
           | - Seller buys a crappy LED bulb from China for $0.80
           | 
           | - Seller is happy to list the bulb on Walmart, Target, etc,
           | for $2.00. Net of fees and shipping and stuff they make
           | enough money
           | 
           | - Amazon charges $3 in fees. Obviously the seller can't
           | afford to sell for $2 on Amazon. They sell for $5 instead.
           | 
           | - However, now the seller _also_ can 't sell for $2 on
           | competing sites. Amazon, leveraging its market share, has
           | dictated that the seller must price _Amazon 's_ fees into
           | pricing on non-Amazon sites, so consumers pay $5 to Target
           | for something the seller would have been happy getting $2
           | for.
           | 
           | This is insane.
        
             | endisneigh wrote:
             | I disagree.
             | 
             | Let's use your example. The sellers should stop selling
             | that item on Amazon, and sell their light bulb on Walmart,
             | or where-ever. Customers who really need that will go find
             | it at Walmart, or where-ever. This strengthens the
             | competitors to Amazon, which is bad for Amazon and good for
             | the consumer. The consumer also find the lower price that
             | they wanted. Alternatively, they buy the alternate product
             | on Amazon which would be cheaper than the inflated price
             | (per your example). Again, good for the customer. Everyone
             | wins in every scenario except for the seller, which is how
             | Amazon and every wholesaler operates.
             | 
             | Suppose the FTC wins this case and sellers can put whatever
             | price on whatever site. Amazon, like any store wants the
             | lowest price. Not to mention there are only some many items
             | you can show on the first page of results. They will find
             | some other reason to remove these sellers and/or their
             | items.
             | 
             | Now maybe there's another case to stop that behavior too.
             | The result is that companies are not obligated to let
             | sellers on their site. _That_ is insane.
             | 
             | In summary, there will never be a scenario where Amazon
             | allows sellers to sell the exact same item for more than
             | Amazon's competitors, unless the government forces Amazon
             | to let sellers sell whatever on their site.
        
               | jbluepolarbear wrote:
               | You're just wrong, Amazon controls around 35% of all US
               | e-commerce. Not being able to sell on Amazon instantly
               | removes most of your available customers. The second
               | largest is Walmart and it's closer to 7%. Walmart,
               | target, whatever, don't add up to Amazons market.
        
               | scarface_74 wrote:
               | And how much of the stuff that these sellers are just
               | cheap Chinese crap that they wouldn't be able to sell at
               | all if Amazon didn't exist?
        
               | SoftTalker wrote:
               | There are companies that do not sell on Amazon. I seek
               | them out. They will tell you that if their product
               | appears on Amazon, it's counterfeit.
               | 
               | It's probably an impossiblity if your business model is
               | selling cheap imported Chinese garbage at a profit, but
               | that's the businesess you chose. Others have chosen to
               | sell quality items on their own terms. Those are the
               | businesses I want to reward.
        
               | endisneigh wrote:
               | > Amazon controls around 35% of all US e-commerce. Not
               | being able to sell on Amazon instantly removes most of
               | your available customers
               | 
               | Math doesn't check out. Not to mention that if sellers
               | stopped selling on Amazon they wouldn't control so much.
               | How exactly is making everyone sell on Amazon going to
               | solve anythin?
               | 
               | Sellers should stop using Amazon if they don't like their
               | policies, and the issues will correct themselves.
        
               | mecha_ghidorah wrote:
               | > Not to mention that if sellers stopped selling on
               | Amazon they wouldn't control so much.
               | 
               | This is a problem in terms of organisation. If lots of
               | people stop selling on Amazon this would be true. The
               | problem is individually each seller is motivated to deal
               | with Amazon so long as lots of other sellers are. A mass
               | exodus from Amazon would in short order make the Amazon
               | store far less relevant, but nobody wants to leave before
               | everyone else is doing it because until then it costs
               | them
        
               | kube-system wrote:
               | The math absolutely does check out, lets say, for an
               | addressable market of 100k purchasers:
               | 
               | (and I'll be generous and I'll pretend Walmart has zero
               | fees)
               | 
               | Amazon: ($5 selling price - $3 fees - 0.80 COGS) * (100k
               | * 35%) = $42,000
               | 
               | Walmart: ($2 selling price - $0 fees - 0.80 COGS) * (100k
               | * 7%) = $8,400
               | 
               | And even if they price the same on Walmart as they would
               | on Amazon: ($5 selling price - $0 fees - 0.80 COGS) *
               | (100k * 7%) = $29,400
               | 
               | See the issue? The problem is that one seller on Amazon
               | moving to another platform won't change the fact that
               | Amazon has the majority market share. That's how market
               | momentum works and it's why we have antitrust laws.
               | 
               | Even with exorbitant fees, they are still where sellers
               | _need_ to be. And they are using this market share to
               | force sellers into overpricing on other platforms so that
               | they maintain this unfair position.
        
               | imchillyb wrote:
               | Or, hear me out here, The Federal Trade Commission orders
               | a study done and the study corroborates the general
               | sentiment here that Amazon is abusing their power in the
               | marketplace. So, the FTC then sues Amazon.
               | 
               | Your 'feelings' about how this works only matters to you.
               | The US branch of oversight for trade has declared (with a
               | lawsuit) that this behavior is unconscionable and either
               | is or will be illegal by the time this suit is finished.
               | 
               | You're welcome to dispute the FTC and the crowd here on
               | HN, but you need to provide some sort of data to back up
               | your claim of: Sellers should just stop using
               | Amazon...the issues will correct themselves.
               | 
               | The FTC's suit alleges the exact opposite of what you
               | allege. The FTC states that there is harm to the entire
               | economy if Amazon is allowed to continue this practice.
               | 
               | Please cite the studies, data, or metrics you used to
               | claim '...will correct themselves."
               | 
               | Thanks @endisneigh.
        
               | bryan_w wrote:
               | > The Federal Trade Commission orders a study done
               | 
               | > the study corroborates the general sentiment
               | 
               | Seems fishy ... Good thing that even corporations like
               | Amazon get a day in court.
        
               | sib wrote:
               | And if lots of items became available on other sites, but
               | not Amazon (as per the theory being propounded), then
               | Amazon would no longer control 35% of all US e-commerce.
        
               | neilparikh wrote:
               | This is a classic coordination problem: you need all the
               | sellers to leave together so that individual merchants
               | don't take a loss. And coordination problems like this
               | are one of the main areas government action can help!
        
               | AlanYx wrote:
               | Also, I'd imagine that coordination would probably leave
               | them vulnerable to their own set of anticompetitive
               | allegations (i.e., some variant of cartel behavior/price-
               | fixing). To the extent anyone acts, it would probably
               | have to be government.
        
               | adolph wrote:
               | > They will find some other reason to remove these
               | sellers.
               | 
               | I think this speaks to the nut of the problem. Unless
               | there is an incentive upstream of the misalignment of
               | parties, then any number of lawsuits after the fact will
               | have a "war on drugs" level of futility.
               | 
               | What to do then? In an alternative universe perhaps the
               | FTC was implemented to improve trade by promoting
               | standards, ontologies and authenticity verification that
               | lead to greater freedom of trade and less gatekeeping.
        
               | Qwertious wrote:
               | If a monopoly can't help but follow its incentives to
               | abuse its market power, then you break up the monopoly.
        
               | rlpb wrote:
               | > They will find some other reason to remove these
               | sellers.
               | 
               | That's be much harder work, though, so regulation might
               | well still have the intended effect.
               | 
               | Either their reason will need to be through their seller
               | terms and conditions, or it'll have to be done on an
               | individual seller basis.
               | 
               | Amazon relies on scale, and therefore standard terms and
               | conditions for all sellers that can be scrutinized by
               | regulators.
               | 
               | If it's done on an individual seller basis, I don't think
               | they'll be able to do it while having the same effect in
               | practice.
        
               | kaibee wrote:
               | > Customers who really need that will go find it at
               | Walmart, or where-ever.
               | 
               | So here's a weird externality. As a decently well off
               | tech-worker, I don't care if I'm paying 5$ or 2$ for
               | lightbulbs, even if I'm re-lighting my whole house. The
               | seller will sell on Amazon, because it is the largest
               | market and will set their prices on other markets to
               | match Amazon. I'll buy on Amazon, because it isn't worth
               | my time to check multiple websites to get the best price
               | (especially when SKUs differ and I have multiple other
               | items I'm buying, etc). And now people who do need to
               | save money, can't also find this lightbulb at a cheaper
               | price on competing marketplaces, even if this lightbulb
               | is actually the best quality.
        
               | uoaei wrote:
               | So you understand your effect in participating in this
               | system, but life's too good for you to do anything
               | differently. Nice.
        
               | endisneigh wrote:
               | > And now people who do need to save money, can't also
               | find this lightbulb at a cheaper price on competing
               | marketplaces, even if this lightbulb is actually the best
               | quality
               | 
               | It's the opposite of what you're saying. Sellers not
               | selling particular items on Amazon is good for consumers
               | who are price conscious, because if they need that
               | particular item they will search for it and find it
               | cheaper on another store, strengthening that one and
               | hurting Amazon.
               | 
               | And if they don't care they will find cheaper items on
               | Amazon. Everyone wins except for the seller, which is
               | Amazon's MO.
        
               | kaibee wrote:
               | > It's the opposite of what you're saying. Sellers not
               | selling particular items on Amazon is good for consumers
               | who are price conscious,
               | 
               | Sellers don't just 'not sell this item on Amazon',
               | because it is the largest single market. This is like,
               | the whole issue in question.
               | 
               | > because if they need that particular item they will
               | search for it and find it cheaper on another store,
               | strengthening that one and hurting Amazon.
               | 
               | This is the exact thing that isn't happening, because
               | Amazon is abusing its market position.
               | 
               | But, even if this was the case and the seller chose to
               | sell on a different marketplace and take the Amazon ban,
               | then it still wouldn't be as good as having just having
               | the item listed on both marketplaces at two different
               | prices. Because then I wouldn't be able to buy the best
               | lightbulbs in one convenient location.
        
               | BoiledCabbage wrote:
               | A company makes a product - it costs $10 per unit to
               | make. To list and sell with Amazon, they are charged $12
               | per unit. To make a profit the company adds and
               | additional $1 per unit. They sell the product on Amazon
               | for $23 per unit.
               | 
               | Online retailer Foo also has a store, and provide the
               | same services that Amazon for their online shop at $5 per
               | unit. The online retailer adds a profit of $2 per unit.
               | Total price $17 per unit. Retailer Foo is more $
               | efficient for those services as a result customers price
               | compare. Foo is rewarded for their effi with higher
               | volume, manufacturer is rewarded with higher profit and
               | consumer is rewarded with lower prices. Enforcing market
               | competition led to all 3 parties involved being rewarded.
               | Retailer Foo over time grows a larger customer base as
               | people learn to price compare with them and forces Amazon
               | to stop rent seeking.
               | 
               | But the above doesn't happen in the real world. Amazon
               | enforces that the retailer lower their price on Amazon to
               | $17, while still collecting $12 per unit. The company now
               | can sell on foo, but only by selling on Amazon at a loss.
               | They can't afford that amount of loss from Amazon and
               | stay in business. So Amazon avoids competition. They
               | can't pull their product from Amazon because not enough
               | customers vist Foo retailer yet to make up the volume.
               | 
               | So in the end Foo retailer is more dollar efficient, but
               | is prevented from growing and benefiting the marketplace.
               | Amazon leverages its outside market size to avoid
               | competition. Market participants preventing competition
               | is against the benefits of capitalism and harms the
               | consumer. So, it benefits the consumer to ensure Amazon
               | has to actually compete with the more efficient
               | competitor and stop rent selling behavior.
        
           | Buttons840 wrote:
           | > Demanding the lowest price does not harm consumers.
           | 
           | Amazon demands that sellers _increase_ their prices on
           | selling platforms with lower overhead. A demand to _increase
           | prices_ does harm consumers.
        
           | throwaway14356 wrote:
           | it is about the desire to control things that are non of your
           | business.
        
           | mjsweet wrote:
           | From what I understand, it's not that simple. Sellers need
           | the sheer volume of Amazon to compete. There is also the risk
           | of Amazon duplicating their product and continuing to sell it
           | on their platform... or their competitors filling the void.
        
             | scarface_74 wrote:
             | If your product doesn't have any value that can be
             | protected by copyright, patent and you haven't built any
             | type of affinity with customers, isn't it by definition
             | just another commoditized product?
        
               | jhbadger wrote:
               | Well, here's a real example. About a decade ago there was
               | a simple video conferencing system called Nautilus. A
               | simple LCD screen that let you call other people with the
               | device and talk to them, not having to bother with
               | computers or smartphones. The sort of thing that is good
               | for talking with elderly relatives who may not be very
               | computer or phone savvy. I bought one (from Amazon) for
               | myself and my elderly parents. It worked well, but a few
               | years later Amazon came out with their Echo Show products
               | which are basically the same thing, which killed the
               | Nautilus. I'm sure it was covered by patents and what
               | not, but you can't protect the idea. Amazon obviously saw
               | that it sold reasonably well and used its power as both a
               | marketplace and a technology company to undercut their
               | own seller.
        
               | scarface_74 wrote:
               | Really? That's your example? Everyone and their mother
               | has a video conferencing solution and the idea has been
               | around as something to aspire to since the 60s with the
               | Jetsons .
               | 
               | Do you agree with the look and feel lawsuit that Apple
               | had against MS? Or think that Roku, Amazon, Google , etc
               | did something untoward because they came after Apple with
               | set top boxes?
        
               | Prickle wrote:
               | Fortunately or unfortunately, that is something that is
               | easy to research. ie: Amazon Basics
               | 
               | https://www.reuters.com/legal/litigation/amazon-copied-
               | produ...
               | 
               | > thousands of pages of internal Amazon documents
               | examined by Reuters - including emails, strategy papers
               | and business plans - show the company ran a systematic
               | campaign of creating knockoffs and manipulating search
               | results to boost its own product lines in India, one of
               | the company's largest growth markets.
        
               | scarface_74 wrote:
               | Again have you heard of the Kirkland's brand? Have you
               | been to a CVS and seen the knockoffs? Literally every
               | single major retailer has house brands that compete with
               | third parties.
        
               | Prickle wrote:
               | Your "What about Kirkland" -ism is irrelevant.
               | 
               | A big company can stall a copyright lawsuit for as long
               | as it wants. Small companies cannot win against a large
               | compamy like Amazon in court.
               | 
               | https://www.latimes.com/archives/la-
               | xpm-1986-07-14-fi-19337-...
               | 
               | Especially when they can just twist the court system
               | however they wish.
               | 
               | Small victories like the chain wrench lawsuit against
               | Sears happen. But they are rare.
               | 
               | https://www.chicagotribune.com/business/ct-bionic-wrench-
               | sea...
               | 
               | Your response shows that you did no read the article.
               | They specifically show cases where Amazon copied sizes:
               | 
               | > Among the victims of the strategy: a popular shirt
               | brand in India, John Miller, which is owned by a company
               | whose chief executive is Kishore Biyani, known as the
               | country's "retail king." Amazon decided to "follow the
               | measurements of" John Miller shirts down to the neck
               | circumference and sleeve length, the document states.
        
               | jhbadger wrote:
               | Well, for historical accuracy, Roku was first in regard
               | to streaming devices you hooked up to your TV. Apple and
               | the rest copied _them_. And it is pretty much obvious
               | that Microsoft copied Apple (and yes, you can argue that
               | Apple in turn copied PARC). But what makes Amazon copying
               | things different is that they are a marketplace for other
               | people 's products and a maker of products themselves.
               | That has an intrinsic conflict of interest.
        
               | scarface_74 wrote:
               | The first AppleTV was released in 2007. The first Roku in
               | 2008.
               | 
               | As far as Amazon copying others as a marketplace owner,
               | ever heard of the Kirkland's brand? Store brands have
               | been around forever.
        
               | freetime2 wrote:
               | "A simple LCD screen that let you call other people with
               | the device and talk to them" sounds like a commoditized
               | product to me.
        
               | scarface_74 wrote:
               | Yes, anyone here can go out and find an ODM from China to
               | anufacturer them, send a custom version of AOSP to the
               | ODM, slap their brand on it and sell it on Amazon.
        
             | endisneigh wrote:
             | So what? That's how e-commerce works. Why should Amazon be
             | obligated to fill their store with higher priced items
             | compared to their competitors? No one is going to visit a
             | store where every item could be purchased cheaper somewhere
             | else. This is exactly why price match is a thing, because
             | they don't want their costumers soliciting different stores
             | to begin with.
             | 
             | The move that Amazon's price be no higher than offered
             | elsewhere is the most pro-consumer move possible. Hilarious
             | people are complaining about it. Any second-order effects
             | of this are on the actual seller, not Amazon.
        
               | EliRivers wrote:
               | _The move that Amazon 's price be no higher than offered
               | elsewhere is the most pro-consumer move possible._
               | 
               | Yet here we are with sellers WANTING to sell their items
               | at a lower price on places other than Amazon, but if they
               | do, they'll go out of business. That doesn't sound pro-
               | consumer.
               | 
               | I'm a consumer. I'd like to be able to buy items for the
               | lowest price the seller wants to offer me. That's not
               | happening in some cases because if they do, Amazon will
               | exclude them and they'll go out of business. Yeah,
               | definitely not pro-consumer. Pro-amazon, sure.
        
               | RandomLensman wrote:
               | Would Amazon be obligated to list the items regardless?
               | Otherwise just dropping pricing conditions would only
               | help those sellers that Amazon has enough interest to
               | list regardless - for some products the "equilibrium"
               | might not be great.
        
               | mjsweet wrote:
               | The market should decide. That's commerce.
        
               | endisneigh wrote:
               | Yes, exactly. These sellers should and can just leave
               | Amazon if they have a problem with it.
        
               | mjsweet wrote:
               | No, they should be able to set their own pricing as they
               | see fit.
        
               | endisneigh wrote:
               | They are able to do so, but Amazon is not obligated to
               | have them on their platform if they aren't providing the
               | best price to their customers.
        
               | mjsweet wrote:
               | Amazon is a product search engine and should be treated
               | as such. Vendors must have the freedom to set pricing on
               | any platform as they see fit. If all product search
               | engines and ecommerce platforms behaved in this
               | anticompetitive behaviour then what would we have? A
               | weird commercial landscape that lacks flexibility... in
               | the end the consumer looses because free market forces
               | are not in play.
        
               | endisneigh wrote:
               | Amazon is not a product search engine, so the rest of
               | your post is irrelevant. They are a store and describe
               | themselves as such. You cannot find products on Amazon
               | that are not for sale by them or sellers who agree to
               | their rules, an actual product search engine would allow
               | this.
        
               | mjsweet wrote:
               | Good luck with that! Amazon is the most powerful product
               | search engine available. I love it and use it almost
               | every day. Amazon will spend a lot of money trying to
               | convince the feds they are otherwise... no amount of
               | lobbying, PR pieces, paid ops and persistent commenting
               | on boards like this one will stop valid questions being
               | asked in hearings. It's only a matter of time sorry.
        
               | kibwen wrote:
               | I don't even know where to begin with this comment. Do
               | you know what anticompetitive behavior is? Do you know
               | how markets are supposed to work? Amazon is leveraging
               | their position in the market to unfairly disadvantage
               | their competitors, thereby distorting the market,
               | decreasing its efficiency, and increasing end prices for
               | consumers everywhere. Market-distorting behavior like
               | this is why antitrust regulation is necessary to keep
               | markets functioning efficiently.
        
               | passwordoops wrote:
               | [flagged]
        
               | endisneigh wrote:
               | Yes, anyone who disagrees with you is a shill, lol.
        
               | ziml77 wrote:
               | [flagged]
        
               | endisneigh wrote:
               | Yes, anyone who posts a lot must be getting paid for
               | them.
        
               | endisneigh wrote:
               | Everything you're stating is false. Amazon is trying to
               | do right by its customers, and they are not obligated to
               | let sellers not give their customers the best price
               | available. Sellers are not obligated to sell on Amazon.
               | 
               | Your conclusion that this increases end pries for
               | consumers has nothing to do with Amazon, but the sellers
               | themselves.
        
               | ToValueFunfetti wrote:
               | Amazon was already told not to do this for anti-trust
               | reasons, and they promised to oblige. Unless the
               | government, Amazon, and the general public are all
               | incorrect about what constitutes monopolistic behavior,
               | you are. The idea that Amazon is openly defying pro-
               | consumer laws to do right by its customers is absurd.
        
               | woooooo wrote:
               | Some would say that the way commerce works is sellers can
               | sell anywhere at any price that a buyer wants to pay.
        
               | endisneigh wrote:
               | That's not how commerce works. Commerce works by
               | following the rules of places that you are trying to sell
               | at. You can't sell anything anywhere.
        
               | ARussell wrote:
               | And Amazon needs to follow the rules and laws of the
               | place that IT'S trying to sell at.
        
               | endisneigh wrote:
               | And which law dictates a company must allow people or
               | sellers on its platform?
        
               | ARussell wrote:
               | I'm not GP. I didn't make that argument. I agree that
               | Amazon is not obliged to allow just anyone on their
               | platform. Sellers must abide by the rules that Amazon
               | sets in place. At the same time, Amazon must abide by the
               | laws of the locations at which it wants to sell. So if a
               | state says that they cannot force a seller to keep their
               | lowest price on Amazon, then that's the way it is.
        
               | endisneigh wrote:
               | > So if a state says that they cannot force a seller to
               | keep their lowest price on Amazon, then that's the way it
               | is.
               | 
               | Yes, but at the end of the day Amazon to remove the
               | seller for any reason, so even if the FTC succeeds here,
               | Amazon will simply purge those sellers who are not
               | offering the best price, even if not explicitly stated.
               | 
               | There is no reality where Amazon allows their site to be
               | inundated with higher priced goods compared to
               | competitors.
        
               | brewdad wrote:
               | Why not? If I'm willing to pay Amazon $6 for an item I
               | could get for $5 at Walmart, why wouldn't Amazon want to
               | make that sale?
        
               | throwaway14356 wrote:
               | it would be sensible to require a reason for refusing to
               | do business with someone. Normally it wouldn't be but if
               | you are a repeat offender it seems a sensible requirement
        
               | endisneigh wrote:
               | Unless it's a protected class you can refuse to do
               | business with anyone for any reason. Plenty of supreme
               | court cases on this.
        
               | throwaway14356 wrote:
               | certainly, you can write anything on the form. Any reason
               | is not without? I do doubt you can refuse one foo for
               | being fooish but not the other. Now multiply by 10 000
               | and pretend you are explaining it to the judge in a
               | context where you've been convicted multiple times.
        
               | ARussell wrote:
               | Perhaps you are right, and also then again perhaps those
               | companies find that they have cause to file a lawsuit.
        
               | scarface_74 wrote:
               | There has been a a standard of "no duty to deal" forever.
               | No company is forced to do business with anyone.
        
               | throwaway14356 wrote:
               | with astronomic fines (for the customers to pay)
        
               | throwaway14356 wrote:
               | this might come if the shop is large enough
        
               | throwaway14356 wrote:
               | rules partially set by government
        
               | woooooo wrote:
               | Sure. The rules at the place you're trying to sell.
               | 
               | Dictating how you sell elsewhere is a clear step beyond
               | that.
        
               | endisneigh wrote:
               | They are not dictating how they sell elsewhere. They are
               | saying they need to offer the best price on _their_ site.
               | It is easy to detect whether or not they actually are,
               | and sellers are simply being called out.
               | 
               | There is no obligation to sell on Amazon, nor a
               | requirement for them to raise prices on other platforms.
               | They could simply offer the lowest price everywhere. The
               | result? Lower prices for Amazon customers. If they raise
               | the price, then that's the seller's fault, not Amazon.
        
               | sb8244 wrote:
               | You...understand how you can't have one without the
               | other, right?
        
               | OGWhales wrote:
               | > There is no obligation to sell on Amazon
               | 
               | While true, this ignores the important point that Amazon
               | is only able to do this anti-competitive practice due to
               | their market dominance that effectively forces many
               | sellers to sell on Amazon.
               | 
               | > nor a requirement for them to raise prices on other
               | platforms.
               | 
               | That is what this whole thing is about. Sellers that sell
               | on Amazon aren't allowed to sell for lower prices on
               | other platforms that are cheaper to sell on.
               | 
               | If Amazon was able to offer lower prices for its
               | customers by offering sellers a marketplace with lower
               | costs compared to competitors that would be great.
               | Instead, they abuse their market dominance to prevent any
               | competitors from offering lower prices by being more cost
               | efficient for sellers. This is extremely nasty as it
               | effectively prevents any competitors to Amazon from
               | building a market share since consumers will have no
               | price incentive to switch and sellers will not want to
               | switch due to the smaller market share on those
               | competitors' platforms.
               | 
               | It could not be more clear that this is anti-competitive
               | behavior achieved through abuse of a dominate market
               | position.
        
               | [deleted]
        
               | r053bud wrote:
               | [flagged]
        
           | Jensson wrote:
           | It is none of Amazons business what prices they put when they
           | list their wares on other services, the only reason they care
           | is that they want to crush the competition.
           | 
           | Dictating how retailers can interact with your competitors is
           | anti-competitive. Dictating what prices they can offer when
           | they put up listings is a part of that, it is anti-
           | competitive.
        
             | jasonjayr wrote:
             | Overstock & Wayfair scan + compare identical & similar
             | listings at Amazon and other sites, and will message
             | sellers if their price is not the better price.
             | 
             | It's annoyingly a pretty standard practice. And they will
             | see through the "different SKU" trick simply by comparing
             | the product images.
        
               | gbear605 wrote:
               | Isn't the solution to just ban all of the companies from
               | doing it? More companies than just Amazon can be anti-
               | competitive.
        
               | gorbypark wrote:
               | I think that's a good solution in this case (ban it for
               | everyone), but remember that there are different rules
               | for companies who are found to have monopolies in a
               | specific market. Something a monopolist does could be
               | illegal while being completely legal for their
               | competitors (who don't have a monopoly).
        
             | proamdev123 wrote:
             | > It is none of Amazons business what prices they put when
             | they list their wares on other services...
             | 
             | It is _literally_ Amazon's business to offer pricing at
             | equal to or better than their competitors.
             | 
             | > ...the only reason they care is that they want to crush
             | the competition.
             | 
             | Every company wants to beat their competition, and many
             | (most?) want to "crush" their competition. Don't you think
             | Target wants to crush Amazon? Don't you think Google wants
             | to crush Apple in smartphone sales? Don't you think a local
             | retailer would love to crush Amazon for products in their
             | niche?
             | 
             | The only question here is whether Amazon is doing this in
             | an abusive way and/or a way that negatively impacts
             | consumers.
             | 
             | We'll find out in the trial...
        
               | LunaSea wrote:
               | > It is literally Amazon's business to offer pricing at
               | equal to or better than their competitors.
               | 
               | For their own products they can.
               | 
               | For third-party items, Amazon is free to lower their
               | margin.
        
             | endisneigh wrote:
             | [flagged]
        
               | dwallin wrote:
               | It's not pro-consumer in any way. If the seller can
               | profitably list it for a given price on a given platform,
               | competition will almost certainly drive their price down
               | to that level. The only time a policy like this becomes
               | significant is if another platform, or the sellers own
               | platform, can offer the product for _cheaper_ than Amazon
               | (eg. maybe they can ship straight from the factory), in
               | which case this policy would force them to _raise_ their
               | prices, while simultaneously removing potential
               | competitive pressure on Amazon.
        
               | endisneigh wrote:
               | Your assumption here is that they have to sell on Amazon
               | to begin with, which they do not. There are plenty of
               | products that you cannot buy on Amazon, so your entire
               | post is ridiculous as it shows again, you don't need
               | Amazon to succeed to begin with.
        
               | dwallin wrote:
               | You are a seller. Amazon makes up 40% of your sales. You
               | have your own first party website where you can
               | profitably offer your product for 5% less and still make
               | an additional 10% profit but it only makes up 5% of your
               | sales currently.
               | 
               | What's your move in this position?
               | 
               | You can't just imagine all companies as perfect
               | frictionless spherical interchangeable cows. In reality
               | companies as large as Amazon can have significant market
               | distorting effect, while much smaller companies might
               | have to choose between their principles and going out of
               | business.
        
               | endisneigh wrote:
               | You can lower the product for 5% on both your site and on
               | Amazon. Since Amazon makes up the plurality of your sales
               | you gain more sales both there and on your site. Everyone
               | wins except for you, and such is the life of race-to-the-
               | bottom e-commerce sales.
               | 
               | What I'm describing is already what happens, by the way.
               | Look at Anker for an example.
        
               | Jensson wrote:
               | > Everyone wins except for you
               | 
               | Which is why your scenario here wont happen. Thanks for
               | clarifying so well why your argument "there is no
               | consumer harm" is bullshit, what you said here means you
               | know that what Amazon does here increases prices.
        
               | endisneigh wrote:
               | The consumer is Amazon's end customer, not the seller.
               | Amazon sellers can and do take a loss to sell on Amazon,
               | and ultimately the seller's fate is of no concern to
               | Amazon. Again, they don't have to sell on Amazon to begin
               | with. I buy plenty of bike parts, for example directly on
               | their site and they're not even offered to Amazon to
               | begin with.
        
               | dwallin wrote:
               | Great, you gain more sales and immediately go out of
               | business since you were already pricing your product near
               | cost.
               | 
               | Prices then rise back up as your nearest competitor was
               | smart enough to not lower price below their cost.
               | 
               | Or do you somehow believe that price competition
               | currently only exists everywhere EXCEPT on Amazon's
               | platform?
        
               | bryan_w wrote:
               | > What's your move in this position?
               | 
               | What about taking out an ad to let people know where to
               | buy your cheaper item? People didn't know walmart.com
               | existed until a tv ad told them. Doesn't seem
               | unreasonable to take some of the saving from not selling
               | on Amazon and use it for services the platform was
               | providing (discoverability).
               | 
               | Nothing changes until it changes.
        
               | wallaBBB wrote:
               | You can repeat that comment here as many times as you
               | want but it will not make it a valid one. Amazon is
               | practically a monopoly, and they have reached that
               | position by often selling goods below COG prices,
               | incurring losses but outliving the competition. Now
               | without a competitive marketplace for quite a lot of
               | stuff they can dictate the prices at a loss for everyone
               | except them. If somebody was to challenge them with lower
               | prices they can just repeat the cycle. They simply do not
               | have proper competition for a lot of stuff and they are
               | abusing it.
        
               | jfdbcv wrote:
               | No, it's an extremely valid point. Government antitrust
               | policy has been heavily shaped by Robert Bork's "The
               | Antitrust Paradox" which proposes that antitrust law
               | should only focus on consumer welfare rather than market
               | structure or number of competitors.
        
               | endisneigh wrote:
               | Amazon isn't a monopoly by any definition. There are
               | plenty of places to buy things. Repeating it over and
               | over again won't change reality. Feel free to bookmark
               | this and come back to it 10 years from now. Amazon won't
               | be broken up, either.
               | 
               | Customers are so lazy they want the government do
               | everything for them. If you don't like Amazon, close the
               | tab and go to eBay.com or Walmart.com. It's very easy,
               | and can be done in seconds. This isn't like telecom
               | monopolies where you can't actually switch.
        
               | Jensson wrote:
               | For b2c monopolies matters, for b2b it is enough to be a
               | dominant player to engage on a lot of harmful anti-
               | competitive practices. This is a b2b situation that harms
               | consumers, in that situation it doesn't matter that there
               | are competitors, what matters is how much power Amazon
               | has over vendors.
        
               | endisneigh wrote:
               | I disagree. Demanding the lowest price does not harm
               | consumers. Overstock, Wayfair, Walmart and others do the
               | same thing. The result is the lowest price for a given
               | product on _all_ sites. This is unquestionably good for
               | consumers.
        
               | speff wrote:
               | This is very short sighted. Lower prices inevitably come
               | at a cost to quality. Normally this is corrected for in
               | physical stores (you can see if something looks cheap),
               | but it's not so easy with online shops. So yea,
               | everything's cheap now because Amazon/Walmart/Temu and
               | the like drove prices into the ground, but it's also all
               | garbage. And the quality alternatives? Mostly gone
               | because consumers flocked to cheap products.
        
               | Jensson wrote:
               | Most disagrees with you here, including those who makes
               | the laws and the courts.
        
               | endisneigh wrote:
               | > Most disagrees with you here, including those who makes
               | the laws and the courts.
               | 
               | Downvotes don't mean anything. Most of the folks on here
               | have no idea how e-commerce works. Amazon will win. It's
               | simple to see - them losing would imply they are
               | obligated to feature higher prices, which is clearly
               | worse for customers and inherently at odds with what the
               | FTC is supposedly trying to accomplish.
        
               | BoiledCabbage wrote:
               | To be clear, you disagree because you fundamentally don't
               | understand what's going on. I'll explain it to you.
               | 
               | A company makes a product - it costs $10 per unit to
               | make. To list and sell with Amazon, they are charged $12
               | per unit. To make a profit the company adds and
               | additional $1 per unit. They sell the product on Amazon
               | for $23 per unit.
               | 
               | Online retailer Foo also has a store, and provide the
               | same services that Amazon for their online shop at $5 per
               | unit. The online retailer adds a profit of $2 per unit.
               | Total price $17 per unit. Retailer Foo is more $
               | efficient for those services as a result customers price
               | compare. Foo is rewarded for their effi with higher
               | volume, manufacturer is rewarded with higher profit and
               | consumer is rewarded with lower prices. Enforcing market
               | competition led to all 3 parties involved being rewarded.
               | Retailer Foo over time grows a larger customer base as
               | people learn to price compare with them and forces Amazon
               | to stop rent seeking.
               | 
               | But the above doesn't happen in the real world. Amazon
               | enforces that the retailer lower their price on Amazon to
               | $17, while still collecting $12 per unit. The company now
               | can sell on foo, but only by selling on Amazon at a loss.
               | They can't afford that amount of loss from Amazon and
               | stay in business. So Amazon avoids competition. They
               | can't pull their product from Amazon because not enough
               | customers vist Foo retailer yet to make up the volume.
               | 
               | So in the end Foo retailer is more dollar efficient, but
               | is prevented from growing and benefiting the marketplace.
               | Amazon leverages its outside market size to avoid
               | competition. Market participants preventing competition
               | is against the benefits of capitalism and harms the
               | consumer. So, it benefits the consumer to ensure Amazon
               | has to actually compete with the more efficient
               | competitor and stop rent selling behavior.
        
               | endisneigh wrote:
               | I do understand, but what you're describing is bad for
               | Amazon's customers, as you note yourself.
               | 
               | Furthermore, again, no one is obligated to sell with
               | Amazon. There are thousands, if not tens of thousands of
               | sellers who do not sell their stuff on Amazon. It's not
               | some requirement to do business in the 21st century.
               | 
               | In any case, we can come back to this case a year from
               | now, and we can pretend to be shocked when nothing
               | meaningful happens to Amazon.
        
               | BoiledCabbage wrote:
               | I think you're looking at the short term and small scale
               | instead of the long term and large / societal scale.
               | 
               | Yes I'm the short term Amazon's customers don't get the
               | discount they could get om Foo retail. Bit then they
               | become Foo retailer customers and they benefit. Too many
               | things optimize for the small scale.
               | 
               | Similarly Amazon's upon losing customers to Foo retailer
               | has to become more efficient overall (or reduce its rent
               | seeking fee) to stop losing customers. So now all of
               | Amazon's customers for that product benefit, even those
               | that didn't move. And potentially even those customers
               | for other Amazon products.
               | 
               | This is the purpose of capitalism - marker competition.
               | Nobody wins with laisse-fair capitalism except rent
               | seekers. Society benefits from market competition in
               | capitalism and this is pushing for it.
        
               | carlosjobim wrote:
               | You must be aware that producers can sell their own
               | product and not be dependent on neither Amazon, nor any
               | other middle man.
               | 
               | If I make light bulbs and sell them to customers through
               | my own channels - exactly who is the rent seeker?
               | 
               | In my industry there are actors that are as dominant as
               | Amazon are in retail, but there's also a huge part of the
               | industry who just sell directly to the customer. It's
               | your own choice. If you don't accept Amazon's terms, you
               | don't have to do business with them. And vice versa.
        
               | carlosjobim wrote:
               | That's a nasty way of arguing against his or her point.
               | And "most" in this comment thread seem to have no idea of
               | how sales and economics work. But go ahead, make a
               | government Amazon like everybody is suggesting here. It's
               | not like it's been done before? Government controlled
               | production and distribution of goods, seems like a fresh
               | new idea...
        
               | eganist wrote:
               | > Amazon isn't a monopoly by any definition.
               | 
               | https://www.law.cornell.edu/wex/monopoly "For instance,
               | the term monopoly may be referring to instances where:
               | [...] There are many buyers or sellers, but one actor has
               | enough market share to dictate prices (near monopolies)"
               | 
               | ---
               | 
               | I'm not replying to anything you might reply with because
               | the rest of your comments in this thread have clearly
               | been in bad faith. But this was one of the few smoking
               | gun comments betraying _either_ a biased position you
               | hold _or_ your lack of background on the topic, so it was
               | easy enough to just post a link to an authoritative
               | source + definition and just move on.
        
               | dragonwriter wrote:
               | > Amazon isn't a monopoly by any definition
               | 
               | If it has "significant and durable market power" [0], it
               | is by the _only_ definition that matters.
               | 
               | [0] https://www.ftc.gov/advice-guidance/competition-
               | guidance/gui...
        
               | PaulHoule wrote:
               | I will say that I used to buy stuff from AMZN all the
               | time and now I hardly ever do.
               | 
               | For me the last straw was when Amazon Prime deliveries
               | stopped arriving in two days despite being claimed to
               | arrive in two. It made a difference because in two days
               | it could be a hassle to drive to the store but in five
               | days I can easily find the time.
               | 
               | Not long after that, Prime service became officially five
               | days at my location while Amazon was shouting to the
               | rooftops that other people were getting one day. Around
               | this time it seemed every other retailer was trying to
               | impress me with fulfillment and often shipping is free if
               | you buy $200 of camera equipment or $80 worth of games,
               | even when it isn't it isn't very expensive but it is
               | _always_ faster than AMZN, I even get Ebay packages from
               | Japan faster than AMZN gets me packages from the next
               | state.
               | 
               | There was also the rising problem that the quality of the
               | listings was going down on AMZN; I'm not so concerned
               | that the $24 product is crowding out the $17 product but
               | rather that there are so many junk products that crowd
               | out good products. On top of that there are many product
               | listings that make no sense at all and it all adds up to
               | a stressful process of sifting through a lot of junk and
               | then not knowing if some absolute garbage is going to
               | show up at my door.
               | 
               | So I went from buying something on AMZN probably several
               | times a week to now less than once a month... I canceled
               | my Prime subscription because I couldn't have any self
               | respect if I was paying a subscription for something that
               | was worse than average as opposed to better than average.
               | And boy is it annoying to shop on AMZN now. The only
               | thing you have to click more times than to cancel AMZN
               | Prime is to order something from AMZN without signing up
               | for a free trial of Prime.
        
               | locallost wrote:
               | It's pro consumer to pay more than you would've because
               | one company in an allegedly free market decides what the
               | price is allowed to be.
        
               | tartuffe78 wrote:
               | Amazon is abusing it's monopoly power to hurt
               | competition, when Amazon is the only place to certain
               | things, consumer cost will go up.
        
               | endisneigh wrote:
               | > when Amazon is the only place to certain things
               | 
               | No seller is obligated to sell on Amazon to begin with,
               | so this entire premise is false.
        
               | smoldesu wrote:
               | "No manufacturer is obligated to buy Standard Oil or
               | Carnegie steel, so this entire premise is false."
        
               | endisneigh wrote:
               | Yes, because there are not literally thousands of
               | e-commerce stores out there. Amazon is the only one. UPS,
               | USPS and FedEx don't exist either. You must use Prime to
               | transport your stuff.
        
               | smoldesu wrote:
               | Look, with this reasoning there is _literally no world_
               | in which Amazon can be implicated for monopoly abuse of
               | power. Apparently, having _any_ other option (even if it
               | is damaged by monopoly abuse) is good enough for you.
               | 
               | Clearly the FTC disagrees with your logic, and I'm glad
               | they do. FedEx, UPS and USPS should be sued too if they
               | did what Amazon is doing.
        
               | endisneigh wrote:
               | The FTC disagrees, but they will lose, as they've lost
               | before.
        
               | smoldesu wrote:
               | It's definitely not just the FTC. 3 years ago, the
               | European commission launched an investigation for the
               | _same thing_ : https://ec.europa.eu/commission/presscorne
               | r/detail/en/ip_20_...
               | 
               | If the FTC doesn't get them, rest easy. At least Europe
               | knows how to keep their market on a leash.
        
               | fzeroracer wrote:
               | I assume you're not familiar with Walmart or how they
               | operate?
        
               | Jensson wrote:
               | How is Amazon forcing them to raise prices on other
               | platforms pro consumer? The only one who benefits from
               | this arrangement is Amazon, everyone else including the
               | consumer just loses out.
        
               | endisneigh wrote:
               | Amazon is not forcing them to raise prices on other
               | platforms? Amazon is telling their sellers that they must
               | offer the best price on their platform. That does not
               | _necessarily_ mean they have to raise prices on other
               | platforms.
        
               | belltaco wrote:
               | If another ecommerce platform wants to compete on price
               | to encourage customers to shop there, they cannot. Any
               | discounts will only go to the seller's bottomline. How is
               | that helping customers?
        
               | endisneigh wrote:
               | Amazon wants its customers to have the _lowest available
               | price_. Their rule ensures that. It 's very simple.
        
               | dwallin wrote:
               | Clearly you are not a believer in free markets, because
               | by the theory of free markets these prices would
               | naturally arrive at the lowest possible price all on
               | their own.
               | 
               | You are right that this policy is very simple, it's very
               | clear both mathematically and logically. Companies cannot
               | lower their prices lower than their costs. If costs are
               | variable across platforms but prices are fixed to a
               | single value than this will de-facto result in INCREASED
               | prices. If this policy causes someone to leave a
               | platform, that STILL doesn't result in prices any lower
               | than they would absent the rule.
               | 
               | In fact, the sheer existence of the rule is a clear
               | statement from Amazon that they believe they have
               | significant and durable market pricing power, since if
               | they didn't, this policy would clearly lead to sellers
               | and buyers leaving their platform.
        
               | abduhl wrote:
               | What you are advocating for here is the opposite of a
               | free market. Two independent parties contracting with
               | each other and agreeing to a most favored nation clause
               | without government intervention is a free market: either
               | party may choose to leave the relationship. The
               | government stepping in restrict parties' ability to
               | contract as they see fit is a restraint on the market.
               | 
               | In a free market sellers will leave the Amazon ecosystem
               | and move to a platform with less restrictive agreements,
               | resulting in lower consumer prices (albeit with less
               | availability). That's exactly what GP is arguing.
               | Obviously GP believes in a free market.
               | 
               | Amazon's belief in their own market power is irrelevant.
        
               | Jensson wrote:
               | > That does not necessarily mean they have to raise
               | prices on other platforms.
               | 
               | It does, since losing sales on Amazon costs them more
               | than raising the price on other platforms then that is
               | what they will do, since companies are motivated by
               | profit. Amazon knows this, that as a dominant market
               | player if they add this rules the vendors will have to
               | abide it since they will lose more from not using Amazon.
               | 
               | This is how anti-competitive practices works and why we
               | have laws against them.
        
               | endisneigh wrote:
               | What you're saying doesn't make any sense. They could
               | also just lower prices on other platforms - good for the
               | customer. They can and should continue to lower prices,
               | also good for the customer, until it is no longer
               | profitable for them.
               | 
               | If they decide to raise prices, then that has more to do
               | with the seller than Amazon.
        
             | EGreg wrote:
             | To be fair, every single wholesaler operates this way.
             | 
             | I have personalky spoken to wholesalers who sell widgets X
             | (lighters etc) to retail stores.
             | 
             | If the retail stores undercut everyone else and drop the
             | price below MSRP, they will exclude them in the future.
             | There is centralized price control even though the
             | retailers are free to do what they want.
             | 
             | That is done by auto dealers and anyone else who does MSRP.
             | The difference is that they are still competing in that
             | product category. Amazon on the other hand is a platform
             | that stands BEHIND them. This leads to an emergent price
             | cartel, just like in the propu lica piece on NYC real
             | estate:
             | 
             | https://magarshak.com/blog/?p=385
        
               | oogali wrote:
               | To shine a little more light, what you're referring to is
               | called a minimum advertised price policy, or MAPP.
               | 
               | And as you've stated, it's done by anyone who publishes a
               | MSRP.
               | 
               | https://www.deltafaucet.com/for-professionals/product-
               | resour...
               | 
               | https://assets.ctfassets.net/zlhl2y58oyef/3wENIXr7qvqyOoV
               | D6R...
               | 
               | https://www.pricespider.com/Blog/map-policy-faqs/
        
             | sib wrote:
             | It's exactly their business. Amazon is going to use the
             | limited "shelf space" to promote and highlight those
             | products which are most likely to sell (and to generate
             | best margins). If a product is for sale for less elsewhere,
             | it's less likely to do so, so why should Amazon waste the
             | "shelf space"?
             | 
             | This is no different than what non-e-commerce stores (such
             | as Walmart) have been doing for years.
        
               | Retric wrote:
               | Amazon doesn't need to promote every single item they
               | sell and it would be meaningless for them to do so. They
               | have a long tail of items which rarely sell and only show
               | up on very specific queries disproving any kind of
               | limited shelf space argument.
               | 
               | As a simple practical manner a small manufacturer can
               | more cheaply sell products at their factory than the
               | overhead of selling through Amazon or anywhere else. You
               | often see this where mid sized brewery offers beer kegs
               | more cheaply on location.
               | 
               | Amazon's policy simply increases prices without any
               | benefit to consumers or the overall economy.
        
           | kmeisthax wrote:
           | So, to be clear, you have no problem with Amazon writing
           | their own laws and collecting their own taxes? Because that
           | is what they are effectively doing.
        
             | scarface_74 wrote:
             | Every company has the right to set the terms and fees to
             | use them. A "tax" is something you are mandated to pay. I
             | get plenty of crap advertised to me on FB that you can't
             | find on Amazon.
        
             | endisneigh wrote:
             | If sellers were obligated to sell on Amazon that would be
             | the case, but it's not, is it? Ironically, people
             | complaining about this are exacerbating the issue. If
             | sellers who actually cared left Amazon it would loosen
             | Amazon's dominance in e-commerce.
        
               | stouset wrote:
               | Sellers _are_ in effect obligated to sell on Amazon,
               | because the alternative is "go out of business". That's
               | the whole goddamn point of FTC intervention.
        
               | PH95VuimJjqBqy wrote:
               | I've often seen the complaint that developers think the
               | law is purely strategic, like a computer, and if they can
               | find a technicality then the law must follow through.
               | 
               | But that's not how this works.
               | 
               | It's technically true that fiber has competition if
               | another ISP is offering dialup in the same area. No one
               | in their right mind would agree that's actually a
               | competitor in anything but name.
               | 
               | And so it is here.
               | 
               | If not selling on Amazon is an existential risk for your
               | company, Amazon is effectively a monopoly, and THAT is
               | what the law cares about.
        
               | tartuffe78 wrote:
               | They're obligated to by the grip Amazon already has on
               | the e-commerce market. Letting Amazon make anti-
               | competitive moves that increase their grip will only
               | worsen the situation.
        
               | endisneigh wrote:
               | This grip you're describing only exists because they
               | don't leave, and nothing is stopping them. Again, no one
               | is forcing people to sell on Amazon. They could use
               | Shopify or sell on eBay.
               | 
               | People act as if you have to sell on Amazon. You don't.
               | That assumption and expectation is why Amazon is dominant
               | to begin with. Sellers should leave if they don't like
               | it, and that will naturally soften Amazon dominance.
        
               | OkayPhysicist wrote:
               | Listen, maybe you've never heard about antitrust law, but
               | using one's dominant market position to maintain
               | dominance in the market to the injury of consumers is
               | pretty much the exact definition of an antitrust
               | violation in the US. So write your local congressman
               | complaining that antitrust law is restricting your
               | ability to lick Jeff Bezo's boots, or run away to the
               | Rockies somewhere and start a radically laissez faire
               | community where everyone's asking about John Galt, but as
               | the law stands in this country, it's illegal, and that's
               | a good thing.
        
               | scarface_74 wrote:
               | Just maybe some people don't think that the government
               | having more power and control is a good thing?
               | 
               | 37% is not a monopoly. If you have a differentiate
               | product, you can set up your own website through Shopify
               | or any number of places.
               | 
               | And if you haven't been paying attention, the FTC has
               | been laughed out of court for the last five years every
               | time it has gone after BigTech
        
               | OkayPhysicist wrote:
               | What possible complaint could you have about government
               | overreach that doesn't equally apply to corporations?
               | Antitrust law is the only thing standing between us and a
               | corpohellscape "America, an Alphabet Company".
        
               | scarface_74 wrote:
               | Government has the power of the state to force their
               | wills on people. Please tell me a scenario where an
               | adtech company will gain the ability to take away my
               | rights and property the way the government can?
               | 
               | The government has a "monopoly on the legal use of
               | force".
               | 
               | Look no further than Florida to see what an overzealous
               | government can do when you disagree with them or the
               | police that raided a newspaper office because they
               | reported on police corruption.
               | 
               | I'm much more worried about when the police are behind me
               | because "I don't look like I belong" in my own
               | neighborhood than the Google car mapping my street.
        
               | OkayPhysicist wrote:
               | Companies can use anti-competitive behavior to curtail
               | your rights in all sorts of ways. Look at America's
               | storied history with company towns. Free speech doesn't
               | get you very far when being blacklisted from the company
               | store means you starve, or your company scrip that you've
               | been being paid in is no longer accepted to keep you
               | housed, or they pay the Pinkertons to beat you senseless
               | for using the word "Union". The reason we don't have that
               | anymore (well, except for that last one _Amazon_ ) is
               | government regulation.
               | 
               | The government at least has the obligation to _appear_ as
               | if it 's beholden to your will and rights. Corporations
               | have no such qualms.
        
               | scarface_74 wrote:
               | So please tell me a realistic scenario where Google goes
               | from an adtech company to one that can take away my
               | freedoms and shoot me with impunity?
               | 
               | Also please tell me a scenario where Amazon takes over
               | all retail?
               | 
               | If you haven't been paying attention, the justice system
               | and political parties gerrymandering hasn't even been
               | trying to act like they are behaving fairly.
               | 
               | The governor of Florida has actively been punishing
               | companies both big and small that have been speaking out
               | against him.
        
               | [deleted]
        
               | anonymousab wrote:
               | > and nothing is stopping them.
               | 
               | Imminent collapse and bankruptcy when they leave due to
               | Amazon's dominant market position. That you can set up a
               | shop anywhere does not mean anything when all of your
               | potential customers are only going to the Amazon digital
               | strip mall.
        
           | cedilla wrote:
           | It does the opposite - it prevents the price going lower than
           | cost plus Amazon fees.
           | 
           | Amazon is not exactly cheap for sellers, so the price has to
           | go up everywhere.
        
             | pnutjam wrote:
             | I read that, on average, Amazon collects 50% of the cost in
             | fees; from sellers.
        
               | scarface_74 wrote:
               | And how much do you think traditional retail marks up
               | prices from wholesale to retail?
        
               | pnutjam wrote:
               | Why is that relevant?
        
               | scarface_74 wrote:
               | Because Amazon is a retail company and the amount that
               | Amazon charges is not much different than the cost
               | overhead of getting any product through the channel.
        
               | pnutjam wrote:
               | so my (theoretical) company that optimizes to keep these
               | costs lower shouldn't be able to compete on those fees?
        
               | scarface_74 wrote:
               | Sure, if all you care about is money, then you can
               | already go on Amazon and choose alternate vendors that
               | are available at a lower price with slower shipping.
        
               | pnutjam wrote:
               | So you don't even know what the article is discussing.
               | Amazon is killing competition and increasing costs to
               | consumers.
        
               | scarface_74 wrote:
               | I happen to know exactly what I'm talking about - you
               | right now can look for an item on Amazon and see "this
               | product is available at a lower price with <slower
               | shipping>"
               | 
               | You right now can set up a site on Shopify and sell your
               | goods.
               | 
               | If you are selling a differentiate product instead of
               | cheap crap imported (or drop shipped) from China, you can
               | create demand without going through Amazon.
               | 
               | For instance, I was specifically looking for Samsonite
               | zipper less luggage because I trusted that brand and it
               | wasn't available on Amazon. They chose not to sell on
               | Amazon and I bought it directly
        
               | pnutjam wrote:
               | -- I happen to know exactly what I'm talking about - you
               | right now can look for an item on Amazon and see "this
               | product is available at a lower price with <slower
               | shipping>" Sure, on Amazon. Not other platforms.
               | 
               | I'm not going to bother explaining further, but thanks
               | for confirming you don't understand the issue. It's not
               | my job to educate you.
        
         | cmrdporcupine wrote:
         | Hasn't WalMart been doing the same thing for decades, but in
         | bricks & mortar retailing?
        
           | taeric wrote:
           | Yes, which is why searching "most favored nation clause"
           | turns up legal advice on how to set that up in a good way.
           | 
           | Note, there is still a valid question on whether or not
           | companies with enough exposure should be held to higher
           | standards. Consider, we hold pro players to tighter
           | requirements than we do local leagues. They both have
           | basically the same rules, of course, but not fully identical.
           | And enforcement is, of course, largely at the discretion of
           | the agencies enforcing them.
           | 
           | The last is obnoxious, if you view the entire field as a
           | homogeneous thing. And I do get the impression that there is
           | something more going on in this case. That said, it is not
           | abnormal to rank ROI on what gets enforced. I wish it was
           | framed directly in those terms, though.
        
             | golemotron wrote:
             | The US is strong on the doctrine that the law applies
             | equally to people (legal entities) regardless of size /
             | market cap. I don't think we'll ever see something like the
             | EU's law that targets only large internet companies. It
             | might even not fly on equal protection grounds.
             | 
             | I think that in either Finland or Iceland people receive
             | traffic fines that are a percentage of their income. They
             | would never fly in the US.
        
               | bee_rider wrote:
               | I think we're OK with laws like: "don't form a monopoly,"
               | which applies equally to everyone (but doesn't come up
               | often for most people!)
        
               | taeric wrote:
               | That is why I didn't say it applies differently. I said
               | it is enforced on a ranking that is based on ROI. And...
               | it really has to be.
               | 
               | There are almost certainly low key levels of bad
               | practices in small shops. But it would cost more and take
               | more out of the economy to enforce them than it is to
               | just not care.
               | 
               | Now, that bar is rising, of course. Things that used to
               | not matter years ago are easily enforced today.
        
               | abduhl wrote:
               | So your view is that we should enforce extremely strict
               | laws arbitrarily and capriciously based on however the
               | particular regulator or prosecutor feels about a given
               | entity?
               | 
               | I can't imagine how this could be abused.
        
               | taeric wrote:
               | If you've ever been on the interstate system, then you
               | are basically with me. Literally it would be trivial in
               | today's world to have a hookup on your car to check your
               | speed against the local signage on a somewhat real time
               | basis. Sounds absurd, but there is a pretty good chance
               | every long haul truck you see out there is doing exactly
               | that.
               | 
               | Similarly, mens rea is a thing. Such that statutory
               | enforcement of rules is often a regressive policy that
               | isn't necessarily a good idea.
        
               | abduhl wrote:
               | I think most people who have driven on the interstate are
               | quite aware that police arbitrarily pull people over for
               | many things given the vast number of laws that are
               | continuously broken by all drivers. I do not think a
               | regime where you're always breaking a law and can be
               | pulled over just for driving while black is a good
               | example when advocating for prosecutorial discretion. I'd
               | prefer a system that doesn't result in being subject to a
               | regulatory action or prosecution because I was doing
               | business while black.
        
               | taeric wrote:
               | Ah, agreed. And if you take the worst possible
               | interpretation of my post I can see how you get there.
               | 
               | My point was that many rules get enforced on a cost
               | benefit based system. Especially in business where
               | enforcement is necessarily an expensive undertaking.
               | Ideally, part of enforcement will include evolution of
               | the rules so that people don't grow into a situation
               | where what they are doing is suddenly illegal. That said,
               | many of the rules we are looking at here are more along
               | the lines of "you left interstate driving and are now in
               | a city." That is, the landscape and situation pretty much
               | has to factor into the rules. Is why you would be an
               | asshole for worrying about the kid's lemonade stand down
               | the corner. Any grandstanding on how the rules apply
               | universally is... well, just not useful.
        
               | abduhl wrote:
               | My interpretation isn't the worst possible
               | interpretation, it's the realistic interpretation based
               | on how permitting discretionary application of the law
               | actually works in practice. Your view is fine in theory
               | but fails (and not just fails theoretically - it has
               | failed and continues to fail actually) in practice.
               | Advocating for your theoretical ideal when we know it
               | fails in practice is... well, just not useful.
        
               | taeric wrote:
               | I'm largely acknowledging that that is where we are. And
               | not too concerned about that for many rules. But, and I
               | said so in the initial post, expect that more and more
               | will get enforced both as you get bigger, and as we get
               | better at enforcing them.
               | 
               | That is to say, I also expect clarification and evolution
               | of the rules during this enforcement action. Such that I
               | would be most happy to have some of these arrangement
               | flat out illegal. That said, https://www.ftc.gov/advice-
               | guidance/competition-guidance/gui... was linked on Matt
               | Levine's email today. And... "Our company monitors
               | competitors' ads, and we sometimes offer to match special
               | discounts or sales incentives for consumers. Is this a
               | problem?" is answered with a no. Such that, this is a
               | tough field to litigate right now.
               | 
               | And, what is it you are advocating for? That we only have
               | rules that we can universally enforce? That would require
               | that we know all of the ways that they can be broken from
               | the beginning, so that we can encode those in law.
        
               | kube-system wrote:
               | The US has a lot of laws that apply differently based on
               | a company's size... the Civil Rights Act, FMLA, GINA,
               | PDA, ACA, etc.
               | 
               | Maybe the US doesn't have a lot of laws that specifically
               | target large organizations, but they have a _ton_ that
               | specifically exempt small ones.
        
         | shadowgovt wrote:
         | This sort of practice is not as uncommon as one might assume.
         | 
         | It is extremely common for manufacturers to set a minimum
         | advertised price (MAP) on the products they sell to retailers.
         | This is done to keep the cost of, say, luxury goods above a
         | certain value, or to ensure that even if demand falls off for a
         | product, the product is sold from official channels at a price
         | point that covers the raw-materials-plus-labor cost so the
         | manufacturer isn't fundamentally selling at a loss. These
         | agreements are generally enforced by both contract and tit-for-
         | tat... Sometimes there are contractually-encoded penalties for
         | going under-MAP, but sometimes the agreement is more "off the
         | books..." If Amazon decides those Gucci purses are just taking
         | up warehouse space and slashes their price to clear them, they
         | can do that... If they don't want to have any Gucci purses to
         | sell next year through official channels.
         | 
         | Why is this behavior legal for manufacturers but maybe not for
         | Amazon? I can see no other reason than the law is path-
         | dependent and arbitrary. "Fair trade" is a concept we invent as
         | we go.
         | 
         | (Incidentally... As a consumer, it's useful to remember MAP
         | exists when you hear whispers of "don't buy from unauthorized
         | resellers." Sometimes the goods you get from those channels are
         | shady, but sometimes they're exactly the same as the official-
         | goods channels, shoveled into the back channel by an official
         | retailer to clear warehouse space and reported to the
         | manufacturer as 'damaged, lost' to preserve the MAP kayfabe).
        
           | yjftsjthsd-h wrote:
           | > Why is this behavior legal for manufacturers but maybe not
           | for Amazon? I can see no other reason than the law is path-
           | dependent and arbitrary.
           | 
           | Market share => market power => different regulations.
           | 
           | (Of course, I would personally prefer to ban this behavior
           | across the board; I just wanted to _also_ point out that
           | treating Amazon differently could plausibly be reasonable)
        
         | jandrewrogers wrote:
         | It is interesting to note that the US government often requires
         | the same kinds of MFN terms, even though it is usually much
         | more expensive to do business with the government than the
         | private sector. There are many ways of constructively working
         | around MFN requirements but it creates collateral damage. For
         | example, the practice of having very high prices that are
         | steeply discounted for most customers is often an artifact of
         | having the US government as one of your customers. For
         | software, it is common to create a new product/service that is
         | trivially different in some way so that you can justify a new
         | SKU that is only sold to the government.
         | 
         | Amazon's practice is bad because it anchors pricing to their
         | mandated cost structure. That the US government engages in
         | similar practices should at least raise questions, because it
         | has the same effect on the marketplace.
        
           | jfghi wrote:
           | Not the time or place for whataboutism
        
             | scarface_74 wrote:
             | Why not? If it's good enough for the government, why isn't
             | it good enough for the company they are going after?
        
               | zeroonetwothree wrote:
               | It's bad for both. But this thread is specifically about
               | Amazon.
        
             | jandrewrogers wrote:
             | It isn't "whataboutism". If the government's position is
             | that MFN terms for vendors are fundamentally anti-
             | competitive and bad for consumers, which I agree with, then
             | it raises questions about any organization or sector of the
             | economy that widely requires MFN terms. It discredits the
             | FTC when the US government routinely engages in the same
             | market malpractice that they are accusing Amazon of but are
             | disinterested in changing their own contracting behavior.
             | It doesn't become less bad because it is the government
             | doing it to vendors instead of Amazon.
             | 
             | This "rules for thee but not for me" behavior is why trust
             | in government institutions has been eroding. It is
             | difficult to give good and necessary actions the aura of
             | legitimacy required for democratic institutions to function
             | when the hypocrisy is obvious.
        
           | BeFlatXIII wrote:
           | > the practice of having very high prices that are steeply
           | discounted for most customers is often an artifact of having
           | the US government as one of your customers
           | 
           | That's one of the main cases of sticker shock in the
           | healthcare industrial complex. Price a cancer treatment that
           | would still be profitable at $10k/month at $125k/mo and offer
           | sweetheart discounts to insurance companies (and treat self-
           | pay patients as charity case writeoffs).
        
           | da_chicken wrote:
           | There's several problems with that.
           | 
           | It's true that the US government does make those demands, but
           | it's very important to note that the US government
           | organization is not a reseller of goods. It is almost
           | exclusively a consumer. It is not in direct competition in
           | the same marketplace with private industry outside of a few
           | select industries (e.g., USPS, limited healthcare).
           | 
           | Next, MFN tariffs kind of by definition only affect
           | international commerce. For Amazon, a 100% domestic
           | manufacturer producing goods would need to comply.
           | 
           | Finally, MFN is something _defined by WTO treaty_. If you
           | have to abide by MFN when importing goods into the US, it 's
           | almost certainly because your nation is also a WTO member.
           | Because almost all of them are. The General Agreement on
           | Tariffs and Trade _requires_ WTO members to extend MFN
           | treatment to like products of other WTO members. It 's
           | literally the the first article of the treaty agreement. [0]
           | 
           | [0]:
           | https://www.wto.org/english/docs_e/legal_e/gatt47_01_e.htm
        
             | jandrewrogers wrote:
             | You are confusing unrelated things. As used here, "MFN"
             | refers to a common type of term found in standard business
             | contracts that have nothing to do with the WTO or the
             | government. This discussion is about Amazon's use of MFN
             | terms when contracting with ordinary domestic businesses.
        
               | da_chicken wrote:
               | That's not what _you_ used the term for. If there is
               | conflating going on, it started with _your_ post.
        
               | jandrewrogers wrote:
               | Nothing I wrote suggests your interpretation. The US
               | government uses MFN terms in domestic vendor contracts in
               | the same way Amazon does. This was plainly obvious in
               | context, since the term was introduced in relation to
               | Amazon. It has nothing to do with international trade and
               | nothing I wrote implied that, "MFN" is a standard term if
               | art in ordinary vendor contracts.
               | 
               | You are the only person that introduced the notion that
               | this had anything to do with the WTO, international
               | treaties, etc.
        
         | lanza wrote:
         | > A new filing in California's suit against Amazon reveals that
         | sellers live "in constant fear" of retaliation from Amazon if
         | they allow their goods to be sold more cheaply elsewhere.
         | 
         | Tangential, but out of context quotes used in your sentence
         | makes me think you're lying no matter what you're saying. Or
         | else you would have kept it in context and used the whole
         | quote.
         | 
         | Not to defend Amazon in the slightest. Just tired of seeing
         | Breitbert quality clickbait OOC quotes everywhere.
        
         | timmaxw wrote:
         | This writeup has a lot more details:
         | https://www.wired.com/story/amazon-antitrust-lawsuit-cuts-to...
         | 
         | DC AG Karl Racine filed a lawsuit over this in May 2021. The
         | judge threw it out, supposedly for lack of evidence that it
         | actually raised prices: https://www.jurist.org/news/2022/03/dc-
         | trial-court-dismisses... I can't find details; it's unclear
         | what the evidence or lack thereof was.
         | 
         | CA AG Rob Bonta filed another lawsuit over the same issue in
         | Sept 2022. Some juicy quotes here (although only one side of
         | the story): https://oag.ca.gov/news/press-releases/attorney-
         | general-bont... The CA lawsuit is set to go to trial in 2026.
        
           | SOLAR_FIELDS wrote:
           | I know that sometimes these lawsuits can take awhile but
           | scheduling something 3 years away seems excessive. It feels
           | like discovery can take months, but years feels like a very
           | long time here especially since this is something that is
           | actively still ongoing and damaging to the victims
        
         | ct0 wrote:
         | Just change the SKU of the product so they are "different". Big
         | box stores do it all the time to reduce the probability of
         | price matching.
        
           | jprete wrote:
           | Amazon is not a court of law and need not be bound by this
           | technicality.
        
             | lazide wrote:
             | Courts also are not bound by technicalities like this
             | typically!
        
             | Zigurd wrote:
             | While it may not be as simple as changing a SKU, Amazon is
             | chock full of products made in the same factory, many with
             | identical product images, sold under different brands at
             | different prices, and many of the "brands" are the output
             | of name-generators.
             | 
             | That actually adds to the problem: If you put effort and
             | money into brand recognition you need to provide best
             | prices on amazon, but Amazon is easier to game if your
             | brand is xyxxy12345.
        
             | oblio wrote:
             | More than that... there's probably no real recourse. For
             | the same reason you mentioned.
        
               | EGreg wrote:
               | The real solution is an open source Amazon. What happened
               | to Magento? Does it have any traction?
               | 
               | Why sell on Amazon instead of your own site? Can't
               | competitors to FBA spring up that have great logistics?
               | Are there any? Can anyone link me to them?
        
               | justinator wrote:
               | Magento was badly designed- infinite levels of
               | directories. Good luck on upgrade. There's plenty of self
               | hosted online stores. That's hardly the problem.
        
               | PH95VuimJjqBqy wrote:
               | I did a single contract for a Magento site and decided
               | never again.
               | 
               | It was like a group of Java developers decided to write
               | PHP code and it was horrific. I would estimate 80% of the
               | classes in that codebase didn't have any implementing
               | code in them.
               | 
               | Literally the only thing I liked about Magento was it's
               | ability to outline everything that was being rendered to
               | make it easier for you to identify the changes to
               | templates you needed to make.
        
               | satvikpendem wrote:
               | This is a classic programmer response. The problem is not
               | Amazon's software, it's their marketing, distribution
               | network, huge audience that searches for products
               | exclusively via Amazon, "free" and very fast Prime
               | deliveries, etc. That doesn't all happen via simply open
               | sourcing some code.
        
               | EGreg wrote:
               | [flagged]
        
               | pierat wrote:
               | I vouched for this and un-flagged it.
               | 
               | I find most of your content here to not have any good
               | follow-through.
               | 
               | Amazon isn't just some software on a few servers. It's a
               | whole vertical enterprise. Suggesting that some front-end
               | and back-end servers can take the place of warehouses,
               | delivery people, fleets of machines (served by AWS no
               | less), payment companies, 3rd party billing is just
               | laughable, and shows the naivete of a sw engineer.
               | 
               | However, that last paragraph is terrible and absolutely
               | true...
               | 
               | > Otherwise, at best, you are just reduced to begging
               | Daddy Government to force these corporations to break up.
               | How well did that work for Ma Bell? The pieces were still
               | a cartel, still charged $3 a minute. What the government
               | couldn't do in a decade, open source technology and open
               | protocols did in a few short years ... VoIP dropped the
               | price to practically nothing. Now we have
               | videoconferencing all over the world. Because once we
               | decoupled the software (AOL, MSN, etc.) from the
               | infrastructure via open protocols, the infra providers
               | became a dumb pipes competing in a free market.
               | 
               | I remember Ma Bell. Charged stupid prices for long
               | distance, but was a good service. And then, the splitup
               | happened. Did we get better services? Nope. We just got
               | dozens of smaller monopolies all engaging in the EXACT
               | SAME SCAMS that Ma Bell was broken up for.
               | 
               | It was when we started pushing data around and got away
               | from POTS lines did we finally break the stranglehold of
               | the baby bells. Even DSL has been basically thrown away,
               | given how little the RBOCs dont want to advance and grow.
               | Monopolies are like that.
        
               | EGreg wrote:
               | Thanks for un-flagging. How does one become an admin on
               | this site, anyway? I've been active since 2008 but still
               | get dinged for stuff, not sure for what in advance.
               | 
               | Yep, I think we are in agreement. My point is that for
               | many decades, the government was barely able to make the
               | prices drop. And then open protocols like VoIP did it in
               | a couple years.
               | 
               | I am a libertarian and believe that good open-source
               | software and open protocols cause the centralized
               | services to face a free market of incumbents. Much of the
               | vertically integrated systems can be unbundled.
               | 
               | Another great example is how the Web (HTTP was the open
               | protocol) disrupted AOL, MSN, CompuServe etc. Or how
               | Wikipedia disrupted Britannica and Encarta. How Apache
               | and NGiNX disrupted IIS. And so on.
               | 
               | Basically, we need standardized, open protocols. Maybe
               | one day OpenStreetMap and Mastodon and BlueSky will
               | disrupt their centralized alternatives. In any case, the
               | first step is to have open source software and
               | federation. I'm not saying it's the _only_ thing that
               | needs to happen, but FBA and many other services can be
               | done  "sharded" per-product. We can do the same for other
               | marketplaces, like Uber, Fiverr, etc.
        
               | oblio wrote:
               | > VoIP dropped the price to practically nothing. Now we
               | have videoconferencing all over the world.
               | 
               | Cool example you chose there. 99% of VoIP is actually
               | closed source, proprietary solutions.
               | 
               | WhatsApp, Facetime, Skype, Telegram, Google Whatever,
               | Slack, Teams, ...
        
               | 303uru wrote:
               | The basis of this entire case is that you can open your
               | own shop and Amazon disallows you form competing with
               | their monopoly. There are plenty of open source options
               | to open a web shop. That part is almost laughably easy.
        
               | kimbernator wrote:
               | It's trivial to create a website (frontend and backend)
               | that offers similar functionality to Amazon. There's
               | nothing special about their software platform.
               | 
               | You can't open-source marketing and the insane delivery
               | network Amazon has. Those, among other things, are the
               | reason they are successful. They could release all of
               | their software completely open source and literally
               | nothing would change.
        
               | boredpeter wrote:
               | You can't open source it but the government could
               | nationalize it and make it a benefit to small businesses
               | everywhere without the anti competitive profit seeking
               | motives of a private business controlling it.
        
               | bee_rider wrote:
               | The original commented suggested that an open source
               | Amazon was the "real solution." Open sourcing Amazon's
               | software and then nationalizing their distribution
               | network is a very different suggestion!
        
               | slowmovintarget wrote:
               | Expropriation is the first step to destroying the thing.
               | There no reason for unbelievably good customer service if
               | you get paid by taxpayers regardless of outcome.
        
               | lapphi wrote:
               | The employees at my local usps are pretty good at their
               | jobs. But they are all Korean ladies.
        
               | [deleted]
        
               | JohnMakin wrote:
               | The infrastructure of a large ecommerce website is
               | extraordinarily complex as well, as well as issues that
               | arise with warehousing tech.
        
               | AnthonyMouse wrote:
               | You're talking about the infrastructure for a specific
               | seller, which in itself is by no means trivial.
               | 
               | What you want here is an open source replacement for
               | Amazon's product search that will find products from
               | multiple independent sellers. The hard part is probably
               | how to curate it; you want to allow legitimate small
               | sellers without allowing the thing to be filled with
               | scams. But Amazon hasn't done a very good job here
               | either, so maybe it's not a high bar.
               | 
               | And then a payments system which is something in the
               | nature of GNU Taler.
               | 
               | Amazon's logistics is an advantage, but is it an
               | advantage that can overcome the need to pay them a vig
               | instead of having the product shipped directly from the
               | manufacturer? Lots of people willing to wait a week for
               | shipping if the price is 10% lower.
        
               | hef19898 wrote:
               | No need to open source. Just to pick some examples to
               | build something similar to Amazon's fulfillment part as
               | it was like 6 years ago:
               | 
               | Shopify as the front end
               | 
               | CargoWise for transportation, warehousing and everything
               | logistics
               | 
               | Which leaves some of the more sophistiticated stuff like
               | demand ballancing across the network, but that is doable
               | by either developing something in-house or throwing an
               | ERP system into tue mix.
               | 
               | All available off the shelf as we speak. There are other
               | reason why nobody manages to seriously challenge Amazon.
        
               | ericjmorey wrote:
               | How do you get people to visit your site or use your app?
        
               | jen20 wrote:
               | What does "open source Amazon" even mean?
        
               | belter wrote:
               | Every Prime member gets commit access...
        
               | endisneigh wrote:
               | Sellers want Amazon's audience
        
               | throwaway14356 wrote:
               | which is easy to compete with for a government platform.
               | 
               | in a lot of countries it would save a lot of money if the
               | tax office had direct access to the product and purchase
               | database. Thousands of people could move to more useful
               | jobs.
        
               | EGreg wrote:
               | That's the same trap that TikTok influencers and others
               | fall into.
               | 
               | You are sold "the dream" by showing top sellers /
               | influencers / etc. and told you can be like them. Kevin
               | O'Leary became a meme for promoting this bullshit:
               | https://www.youtube.com/watch?v=AuqemytQ5QA
               | 
               | In fact, even the top influencers can be deplatformed in
               | an instant, and their speech is controlled. And same with
               | Amazon. But the thing is that the people you never hear
               | about, the "middle class", are far more controlled and
               | the "long tail" produces all that free content that
               | basically gets almost new views / buys but all that free
               | sharecropper content is then used to train AI models or
               | provide proof of large available inventory / product /
               | content BY THE PLATFORM that pits them all against each
               | other in a zero-sum game.
               | 
               | https://www.reddit.com/r/quotes/comments/117oh1m/the_uppe
               | r_c...
        
               | throw0101a wrote:
               | > _Kevin O 'Leary became a meme for promoting this
               | bullshit:_
               | 
               | The women is Amanda Lang,[1] and the two were a 'duo' for
               | many years with a business/finance reporting show. I'm
               | not sure how she managed to put up with him for so long.
               | :)
               | 
               | [1] https://en.wikipedia.org/wiki/Amanda_Lang
        
               | [deleted]
        
               | lotsofpulp wrote:
               | You don't just "spring" up to owning a nationwide network
               | of distribution centers and 1M+ employees. It takes
               | decades of work.
        
               | EGreg wrote:
               | That's the thing people don't get about making
               | competitors to Facebook, Twitter, and other centralized
               | platforms as well.
               | 
               | You don't need to boil the ocean in order to serve a
               | single community. For example, Facebook started in
               | Harvard and its value to everyone in Harvard was based on
               | how many people _in Harvard_ used it, not how many people
               | in the world used it.
               | 
               | Similarly, if a single product vendor and their customers
               | form a community, then a free market of fulfillment
               | companies can spring up to stock that specific product,
               | and then partner with the delivery companies (who have
               | their own networks) to deliver the package. You might say
               | that the delivery infrastructure is a cartel, but they're
               | open to everyone and Amazon has been relying on them
               | until finally spinning out their own. Same goes for CPU
               | chips that Apple relies on etc.
               | 
               | Look at IPFS for example, competing with AWS for storage.
               | It is growing every year and now powers 1% of all storage
               | worldwide! And there is a free market.
               | 
               | Whereas these platforms are all centrally controlled by
               | some billionaire (Zuck, Musk, Bezos) and his crew. You
               | don't need to have their scale because you don't need to
               | serve ALL COMMUNITIES IN THE WORLD on day one. If you
               | have an open source software like Wordpress or Magento,
               | you can serve your customers with web hosting instead of
               | Shopify or Amazon. Now the only question is, who would do
               | fulfilment.
        
               | RcouF1uZ4gsC wrote:
               | > Similarly, if a single product vendor and their
               | customers form a community, then a free market of
               | fulfillment companies can spring up to stock that
               | specific product, and then partner with the delivery
               | companies (who have their own networks) to deliver the
               | package.
               | 
               | One thing that gets overlooked in this is returns.
               | 
               | One of the big draws of Amazon is easy returns.
               | 
               | Whenever you have decentralized fulfillment centers,
               | returns become a huge pain, because the fulfillment
               | center that is happy to take your money and ship you the
               | product, doesn't want the liability of dealing with
               | returns.
        
               | buffington wrote:
               | Amazon has also optimized returns (for itself) by making
               | its sellers eat the cost of those returns, one way or
               | another. That's not all that controversial, but when you
               | consider what Amazon recommends people buy, it becomes
               | obvious that they have no problem recommending garbage
               | because they don't care if it gets returned. They won't
               | eat that cost. They get the profit from the sale, then
               | let everyone else work it out.
        
               | iudqnolq wrote:
               | When Facebook was founded there was no Facebook. Now
               | there is a Facebook.
               | 
               | When there's a better alternative customers are less
               | likely to try out your new, less good idea.
               | 
               | Can you give an example of someone serious using IPFS
               | instead of S3? I don't really get what "all storage
               | worldwide" means.
        
               | megaman821 wrote:
               | Except there was a Facebook and it was called MySpace.
               | Facebook won because people enjoyed using it better.
        
               | iudqnolq wrote:
               | yes, but the bar for better was much lower back then. if
               | you released the original Facebook today it would be so
               | obviously so much worse than the competitors it wouldn't
               | get any traction.
        
               | EGreg wrote:
               | When FB was founded there were:                 MySpace
               | Friendster            Whimit - Russians online (LOL)
               | 
               | and many other small examples. There was still AOL, MSN,
               | etc. There was a time when they ruled.
               | 
               | The only reason that FB, Google and yes Amazon were even
               | able to launch, is because the open permissionless web
               | disrupted AOL, MSN etc. Imagine them allowing Amazon to
               | launch on top of them. They'd cannibalize them just like
               | Amazon cannibalizes sellers.
        
               | oblio wrote:
               | All of those had 10% of Facebook's current users, at
               | best, and probably 1% of their spare cash.
               | 
               | Scale matters. You seem to be a programmer, you should
               | know that.
               | 
               | Quantity has a quality all its own.
        
               | lotsofpulp wrote:
               | You are correct, but note that one very key edge that
               | Amazon used to as a competitive edge is no longer
               | available to new entrants in the business. For the first
               | 15 to 20 years of Amazon, they were able to be cheaper
               | than their competitors due to the fact that sales tax
               | only had to be collected in states where they had a
               | nexus.
               | 
               | This gave them a pricing advantage which drove more
               | customers to them which they intelligently plowed back
               | into the business in building out their own network, no
               | small feat of course.
               | 
               | A newer competitor would no longer have access to that
               | simple sales tax advantage, and so would have to find
               | something else to compel customers with. Barring that,
               | Amazon/Walmart/Costco/Target/Home Depot/Lowes/Best Buy
               | are tough to compete with because they already offer rock
               | bottom pricing and they don't have to invest in a ton of
               | new infrastructure for logistics.
        
               | virgildotcodes wrote:
               | Not to mention the advantage of having investors willing
               | to burn billions for a decade+ until you got into a
               | dominant market position to finally become profitable.
               | Not always easy to get access to that.
        
             | pjc50 wrote:
             | Ought to be bound by an actual court, though.
        
           | Ylpertnodi wrote:
           | And also _increase_ the shrinkflation.
        
           | ceejayoz wrote:
           | Big box stores have a lot more leverage than a small seller
           | on Amazon, who'll just get the "that violates our policies,
           | we're nuking your business, no appeals" treatment.
        
             | TheOtherHobbes wrote:
             | Amazon are notorious among writers for nuking the accounts
             | of Kindle Unlimited authors _who have had their book
             | pirated._
             | 
             | Apparently this violates the content monopoly KU is
             | supposed to have.
        
           | [deleted]
        
           | crazygringo wrote:
           | What I've commonly seen is that the manufacturer offers a
           | store-wide 20% or 30% off coupon, as a temporary promo and/or
           | for email signup.
           | 
           | So the item price matches Amazon's, but you pay less in the
           | end, if you're even remotely paying attention.
           | 
           | At least for the $200-300 items I've seen (like
           | dehumidifiers, fancy computer accessories).
        
             | dylan604 wrote:
             | The weekly sales flyers that stores offer was/is another
             | way around this as well. Some of them have coupons to
             | specific items that are not allowed to have sales prices
             | lower than the MSRP. Very few people are as draconian about
             | their prices as Apple, but others sure wannabe.
        
               | lcnPylGDnU4H9OF wrote:
               | > Some of them have coupons to specific items that are
               | not allowed to have sales prices lower than the MSRP.
               | 
               | That's actually kinda disappointing. I'd always assumed
               | those flyers were pieces of trash (at best, something I'd
               | need to put in a recycling bin) which I don't want but
               | now I'll be more tempted to take them when offered on the
               | chance that I otherwise accidentally avoid the sales
               | price.
               | 
               | It's still good to know that such coupons are likely just
               | attempts by the retailer to circumvent the
               | manufacturer's... ahem _suggested_ price.
        
               | lozenge wrote:
               | Coupons are a longstanding price discrimination
               | technique. If somebody doesn't want to pay full price,
               | you might still get their custom with a voucher. You
               | don't want to make the discount too easy to find though,
               | as you will miss out on revenue from people who were
               | willing to pay full price.
        
               | dylan604 wrote:
               | ProTip: at some stores, employees are allowed to give
               | discounts as well. i have 2 anecdotes from HomeDepot:
               | 
               | Since none of their lumber should ever be in the same
               | building as the word "straight", I made a joke to a
               | nearby employee that we should get a discount at how
               | warped the wood was. He very seriously told me to
               | separate the warped wood on my cart, and he'd mark them
               | down. Got to the register, and they were marked down 40%.
               | 
               | Second instance was after spending time chatting with an
               | employee in the appliances department, he pulled out a
               | pre-printed, handcut piece of paper from his apron
               | pocket, wrote 10% on it with his sharpie, and i got 10%
               | off at the register.
               | 
               | Oh, and of course the Guitar Center stories of "you're a
               | cool dude, and since I like you, let me knock of X%" are
               | infamous
        
         | granzymes wrote:
         | According to the FTC's lawsuit, Amazon no longer binds its
         | sellers with a Most Favored Nation clause. Instead, Amazon now
         | will refuse to promote an offer in its "buy box" space if it
         | detects a lower price for that good on another website.
         | 
         | The FTC alleges that this simply reconstitutes the MFA since
         | most sales on Amazon take place from the buy box. Amazon
         | responds that it is within its rights to not promote
         | uncompetitive offers that make its site look bad for not having
         | the lowest available price.
        
           | imtringued wrote:
           | >uncompetitive offers that make its site look bad for not
           | having the lowest available price.
           | 
           | Those costs are Amazon specific... Way to shoot oneself in
           | the foot.
           | 
           | Why should Amazon get to offload their own uncompetitiveness
           | onto sellers?
        
           | dgb23 wrote:
           | This argument seems sound.
           | 
           | Amazon is not a neutral entity or a public space. It's a
           | private platform with its own interests that are very often
           | in conflict with sellers.
           | 
           | There is this weird cultural expectation of platforms and
           | platform-like applications (social media, multiplayer video
           | games, online stores, proprietary libraries/engines, even
           | entertainment media "universes" and franchises etc.).
           | Participants and consumers seem to think that these platforms
           | are somehow public spaces that they partially own, or at
           | least they act that way.
           | 
           | But you only own what you actually own.
           | 
           | There are legal instruments and structures that actually let
           | you partially own things and/or grant you rights so you can
           | act on these kinds of expectations: coops, open source and
           | other such licenses etc.
           | 
           | When internet culture and commerce wants to mature, then
           | maybe we should start focusing more on building on _legally_
           | trustworthy foundations.
        
             | Eisenstein wrote:
             | Except when you corner the entire market and use your
             | position to stifle competition. Then it doesn't matter what
             | you 'own'; you are breaking the law.
        
             | fyrn_ wrote:
             | That's nice, but the reality is that Amazon has almost 90%
             | control of e-commerce. They have huge monopoly power, and
             | laws exist to protect consumers from that. Is it the ideal
             | way to build a society? No, But the government should still
             | step in when it happens.
        
               | nearbuy wrote:
               | They have about a 38% market share of e-commerce in the
               | US, far ahead of any competitors, but also far from 90%.
               | 
               | https://www.statista.com/statistics/274255/market-share-
               | of-t...
        
               | mcguire wrote:
               | (The next leading market share is Walmart's 6.3%.)
        
               | abduhl wrote:
               | 90% by what metric?
        
               | [deleted]
        
               | fyrn_ wrote:
               | I actually misread fig. 14 from the article which was the
               | set of top market participants. So it has a 90% share of
               | the ecommerce of those top 5, not the whole market.
               | Honestly feel the article intended that misreading
        
           | edmundsauto wrote:
           | I wonder if the shrink wrap T&Cs on allowed web usage,
           | combined with lawsuits could help.
           | 
           | "By using this site, you agree you are not an agent of
           | Amazon. You also agree that you will not use pricing
           | information except as allowed herein."
        
           | helen___keller wrote:
           | Does anyone have examples of popular / name brand products
           | that are pushed down in ranking due to this? I would love to
           | see for myself how this looks in practice
        
             | granzymes wrote:
             | Here's one of the examples that the FTC cites in its
             | complaint (at page 27):
             | 
             | https://www.amazon.com/Pilot-Retractable-Rollerball-Extra-
             | Re...
             | 
             | Compare it to this listing for a very similar product:
             | 
             | https://www.amazon.com/Pilot-Retractable-Rollerball-
             | Ultra-0-...
             | 
             | You'll see that in the FTC's example, you need to click to
             | see more buying details and that at the time of this
             | comment the lowest price is $14.28 with free shipping (on
             | October 12th for my location).
             | 
             | In the other example, the "buy box" highlights the best
             | offer of $9.99 with free shipping (on October 5th for my
             | location).
        
               | AlanYx wrote:
               | That first example is eye-opening for me. I always
               | thought that when Amazon doesn't show a buy button on the
               | product page, it's because that product is not currently
               | available to be shipped from Amazon.
        
               | granzymes wrote:
               | That's one possibility! But Amazon also hides the buy box
               | when the only offers are not what Amazon considers
               | "competitive" because it hurts their brand if consumers
               | see shitty deals.
               | 
               | In this example, the pens with the buy box are 50%
               | cheaper and have much faster shipping.
        
               | AlanYx wrote:
               | They're not the same pens though (extra fine v. ultra
               | fine).
               | 
               | I can understand why the FTC is concerned. This has the
               | potential to be worse for competition than MFN
               | agreements, because it forces any supplier whose products
               | might end up on Amazon to police its entire distribution
               | network for minimum pricing.* It also forces suppliers to
               | crack down on (legal, authentic) grey market imports,
               | even if those are never sold on Amazon, or risk losing
               | the ability to effectively sell on Amazon.
               | 
               | * Moreover, that minimum pricing has to be sufficiently
               | high to account for Amazon's cost structure, even if
               | other competing vendors are more efficient.
        
               | granzymes wrote:
               | I was offering the comparison because those two pens
               | _should_ be priced within a few cents of eachother (the
               | difference is the tip width and ironically  "extra fine"
               | is more expensive). If the products were the same then
               | there would only be one product page and the $9.99 offer
               | would be the highlighted deal.
               | 
               | The fact that one product has the buy box at $9.99 and
               | 1-day shipping and the other product does _not_ have the
               | buy box at $14.28 and 8-day shipping lets us infer that
               | $14.28 is not a competitive price for these pens and
               | there may be a cheaper price elsewhere (likely closer to
               | $9.99).
        
               | taeric wrote:
               | You seem to be thinking that manufacturing costs alone
               | dictate the product cost. Demand and volume in
               | circulation are also part of what determines costs,
               | though. That is, your first assertion that they should be
               | within cents of each other is clearly wrong.
               | 
               | It doesn't let us infer that there is a cheaper cost
               | somewhere, it lets us infer that Amazon has a low
               | confidence that someone will buy it. That or they have
               | such a low inventory of it that they are not confident
               | showing it on the buy box without more engagement from
               | the users.
               | 
               | To be clear, I'm ok with the idea that this is getting
               | investigated. I have low confidence of finding smoking
               | gun reasons to punish sellers on this. I am far more
               | confident that Amazon is optimizing to convert sales.
        
               | granzymes wrote:
               | Actually, in this case I am cheating because I already
               | know that this SKU is offered for a lower price with
               | faster shipping from Walmart. I suspect that listing is
               | what triggered the loss of the buy box.
        
               | taeric wrote:
               | But that is a non-sequitur. Literally, in that that
               | doesn't necessarily follow. We literally don't know why
               | the buy box doesn't have it here and I could guess at a
               | few other reasons. Most likely, I'd guess that the
               | cheapest option not being Prime factors in to it more so
               | than external offers being cheaper.
        
               | granzymes wrote:
               | You're right, shipping speed likely also factors into it
               | in addition to cost (that's why I also mentioned the
               | shipping speed). If Amazon can't deliver within its 2-day
               | Prime guarantee it is less likely to promote the offer.
               | 
               | Of course, without access to Amazon's systems I can't say
               | for sure why any individual listing is or is not
               | promoted. I'm just making an educated guess based on what
               | the FTC put in its complaint.
        
               | taeric wrote:
               | Totally fair, and I think this is the kind of thing they
               | could/should make rules around having a good audit
               | mechanism for regulators to check.
        
               | helen___keller wrote:
               | Thanks! I had misunderstood what "buy box" is
               | 
               | As a consumer I definitely avoid products with no buy
               | box. I thought it was only related to Amazon fulfillment
               | (which in turn I use as a proxy for being likely to
               | receive the product on time and undamaged)
        
               | _jal wrote:
               | That's funny. I _only_ buy things from Amazon that are
               | not shipped by Amazon.
               | 
               | Their logistics are utter garbage for me - part of it is
               | an urban setting with nowhere to leave things, part of it
               | is that they don't give a shit, and leave things.
        
           | putlake wrote:
           | This is a good point and your comment below (
           | https://news.ycombinator.com/item?id=37768419 ) highlights it
           | well. What people don't realize is that this is in the
           | interest of the consumer. I used to work at Amazon (although
           | not on any of these teams) so that's probably why I know that
           | "see all buying options" means the price is not competitive.
           | As a consumer I value this.
           | 
           | Amazon scours the web to make sure their products are
           | competitively priced. So if a Western Digital external hard
           | drive is $99 on NewEgg, then Amazon wants to sell it for $99
           | or lower. If it's a 1P product (i.e., Amazon is the seller),
           | they can easily price match in real time. But if it is a 3P
           | (third party seller) product then Amazon cannot take that
           | action unilaterally take that action since it is the seller
           | setting the price. So the best they can do to protect their
           | customer in real time when their crawlers detect a lower
           | price elsewhere is to hide the buy box behind the "see all
           | buying options" button.
           | 
           | I'm sure when this feature was rolled out, Amazon's sales
           | must have dropped. They are taking that short term hit in
           | order to protect customer trust in the long term.
        
             | lozenge wrote:
             | How does an extra click help the customer? Unless the
             | customer used to work at Amazon and specifically knows that
             | "see all buying options" means "scour the internet to find
             | a better price, it should be easy this time".
        
               | jjk166 wrote:
               | They aren't hiding the better priced items behind an
               | extra click, they are hiding the worse priced items. If
               | you buy something listed in the "see all buying options"
               | it means that you are spending more than you have to, as
               | you will likely be able to find it for less elsewhere,
               | whereas the normally presented items are the ones Amazon
               | is selling for the same or less than elsewhere.
        
           | londons_explore wrote:
           | > Amazon responds that it is within its rights to not promote
           | uncompetitive offers
           | 
           | Sounds to me like Amazon has found a loophole in the law. It
           | agrees to list anything for sale, with no anti competitive
           | conditions, but then only recommends customers buy things
           | that it believes are in the customers best interests.
           | 
           | The FTC will struggle to argue that is illegal. Amazon can't
           | be compelled to recommend stuff. (free speech etc). Also,
           | what they recommend _is_ in the consumers immediate best
           | interests.
           | 
           | It will be hard for the court to argue that amazon should
           | start recommending more expensive items to consumers, just to
           | push consumers into looking for a cheaper platform.
        
             | Guvante wrote:
             | Say Amazon offers three items all equivalent: one is priced
             | at $9 and two are priced at $9.50 all are Prime.
             | 
             | If the vendor for the $9 offers it for $8.50 elsewhere and
             | Amazon starts focusing on a $9.50 offer is that "better for
             | the consumer"?
             | 
             | If the $9 doesn't exist and there are two vendors at the
             | $9.50 price and one has a higher review history but offers
             | it lower elsewhere is Amazon making things better by
             | focusing on the other one?
        
               | granzymes wrote:
               | The "buy box" is a product-level feature, not a seller-
               | level feature. On any given product page, there may be
               | multiple sellers with offers (one for $9, two for $9.50).
               | The $9 offer would be prominently displayed in the buy
               | box and the other two would be in the "other offers"
               | section.
               | 
               | If another site starts selling the same product for $8.50
               | (regardless of who the seller is), Amazon may hide the
               | buy box and put all the offers in the "other offers"
               | section to avoid advertising an offer that isn't the best
               | price available online.
               | 
               | Consumers price compare across sites, and Amazon wants to
               | maintain its reputation for low prices (and in truly
               | egregious cases prevent sellers on Amazon from price
               | gouging).
        
             | Red_Leaves_Flyy wrote:
             | Amazons fees are making the offer uncompetitive thus Amazon
             | is actually not competitive meaning that they're relying on
             | their monopoly position to maintain market dominance
             | instead of competition which they evidently cannot do.
        
             | mcguire wrote:
             | Could you explain how this is in the customers' interests?
        
             | granzymes wrote:
             | >It will be hard for the court to argue that amazon should
             | start recommending more expensive items to consumers, just
             | to push consumers into looking for a cheaper platform.
             | 
             | Yes, 100% this. That's why I said that this lawsuit has a
             | major remedy problem. Even if the court agrees this is
             | anticompetitive, how do you fix it?
             | 
             | https://news.ycombinator.com/item?id=37767994
        
               | femto113 wrote:
               | The insurmountable problem is that the practical
               | interests of "consumers shopping on Amazon" don't
               | actually align with the abstract interests of "consumers
               | in general" that the government is purporting to defend.
               | On Amazon we want to find the right item (search,
               | description, reviews), have strong confidence in the
               | inventory and shipping promises (fulfilled by Amazon) and
               | have reasonable confidence we're not getting screwed on
               | price including shipping (Buybox, Prime eligible etc). If
               | you chop those things apart it becomes essentially
               | impossible to offer the overall experience that consumers
               | clearly prefer.
        
               | AnthonyMouse wrote:
               | The cause of this is that it should be an anti-trust
               | violation for any wholesaler or manufacturer to dictate
               | _retail_ prices to the retailer. They agree on the
               | wholesale price because that 's what they're negotiating
               | with one another, then the retailer chooses the retail
               | price in their store.
               | 
               | Now if Amazon wants the MFN clause, no problem -- but
               | it's the wholesale price they can't sell to someone else
               | below, not the retail price. If Amazon wants the lowest
               | retail price, that's up to them.
        
               | wh0knows wrote:
               | Amazon isn't recommending "more expensive" items to
               | consumers, it's offering different products. It should be
               | recommending the best product for the user at the price
               | it can offer the product at.
               | 
               | The fact that the product exists $1 cheaper on another
               | site does not make it not the best recommendation for the
               | customer's need. If I search "tablet" are you saying I
               | should be recommended a cheap off brand tablet promoted
               | to me because Amazon has the cheapest price or an iPad
               | even though I can buy an iPad on apple.com for $10
               | cheaper?
        
               | granzymes wrote:
               | >The fact that the product exists $1 cheaper on another
               | site does not make it not the best recommendation for the
               | customer's need. If I search "tablet" are you saying I
               | should be recommended a cheap off brand tablet promoted
               | to me because Amazon has the cheapest price or an iPad
               | even though I can buy an iPad on apple.com for $10
               | cheaper?
               | 
               | I think you are misunderstanding the issue. Amazon is
               | selectively determining to show the "buy box" on a
               | specific product page based on whether the prices for
               | that SKU on Amazon are competitive with prices for the
               | same SKU on other websites.
               | 
               | In your example, Amazon might not have a buy box for a
               | given iPad model if the same model was available on
               | apple.com for less. The presence of cheaper non-iPad
               | tablets would not impact the iPad buy box.
        
             | piannucci wrote:
             | I haven't studied antitrust policy in ages, but IIRC one
             | aspect of this in the past has been to forbid the
             | monopolist from peeking at their competitors' prices.
        
             | [deleted]
        
             | buffington wrote:
             | > what they recommend is in the consumers immediate best
             | interests.
             | 
             | How? Amazon routinely recommends products to me that are
             | objectively inferior compared to other products. For
             | example, I just searched for "peak design travel tripod"
             | and the number one result, which is also marked with
             | "Overall Pick", is a tripod made by a company with the name
             | of KINGJUEEQUESTER that looks like it's made out of
             | cardboard tubes, but at least comes with a free 21 piece
             | lens filter set and selfie stick for $18.99. And it has
             | 3000+ 5 star reviews that are almost nearly identical.
             | "Edward Von McTavish: The KINGJUEEQUESTER tripod arrived.
             | It is of the most impressive quality. The Leg Lock feature
             | fulfills my needs. I recommend for you."
             | 
             | The thing I'm actually searching for isn't even on the
             | first page of results. It's on page two, under "More
             | Results" and has a title of "Peak Design Travel Tripod
             | (Carbon Fiber)" and is priced at $599.95 (the same price
             | you'll find on Peak Design's site).
             | 
             | How is it that showing me anything other than what I
             | searched for supports me as a consumer?
        
             | bcrosby95 wrote:
             | > Sounds to me like Amazon has found a loophole in the law.
             | 
             | No, not necessarily. This is just what companies always do.
             | As long as it looks like they're "trying" to comply, they
             | don't get in big trouble. In the meantime, they get to make
             | microadjustments to their policy and find out _exactly_ how
             | far they have to comply until they 're legally in the
             | clear.
        
         | BeFlatXIII wrote:
         | > That means that sellers can't offer their goods more cheaply
         | than they do on Amazon - even if it costs them (lots) less to
         | sell in Target or direct from their websites.
         | 
         | Is there a way to get around this by having the list price
         | higher than Amazon but run specials for most weeks of the year
         | that undercut Amazon? Could that only be a viable strategy if
         | Target is the final merchant but not on the manufacturer's
         | website?
        
         | dmix wrote:
         | This is explained in the OP article linked here...
         | 
         | Although I guess not everyone actually reads the articles so
         | reiterating in the comments is useful.
         | 
         | > Still, why can't a third-party seller offer a lower price
         | outside of Amazon? Good question! That's where the scheme gets
         | very clever. Originally, Amazon imposed contracts, as the FTC
         | noted, "barring all sellers from offering their goods for lower
         | prices anywhere else." But Europeans, and Senator Richard
         | Blumenthal, complained about these price parity agreements, so
         | Amazon dropped its explicit contractual requirements in 2019.
         | 
         | > However, this change was a farce. The firm simply did through
         | code what it couldn't do through contract. "Amazon," claims the
         | FTC, "has implemented an algorithm for the express purpose of
         | deterring other online stores from offering lower prices.
         | 
         | > Today, Amazon tells sellers that if it detects a lower price
         | for their products on any other online store, they will be
         | punished, which is to say, their ability to get their products
         | onto a place on the Amazon website where customers click will
         | go away. The net effect, as Amazon itself wrote, is that
         | "prices will go up."
        
         | platz wrote:
         | Why rely in a promise. what happened to the lawsuits?
        
         | AlanYx wrote:
         | I'm curious... how far does Amazon's MFN policy extend?
         | 
         | For example, let's say I independently decide to import an item
         | from company X and sell it _only_ on a Shopify site for a lower
         | price than company X 's items listed on Amazon. Will Amazon
         | exert pressure on company X to stop shipments to me or impose a
         | minimum sale price policy simply because company X's products
         | are available elsewhere cheaper than on Amazon?
        
       | rqtwteye wrote:
       | While they are at it they should also go after the credit card
       | companies. They have managed to extract a 2-3% tax on most retail
       | transactions. There is really no reason why the fees should be
       | that high in the age of electronic transactions.
        
         | jononomo wrote:
         | Also, ATM fees should be capped at 1% of the money withdrawn.
         | And I've noticed lately that I'm getting hit by two ATM fees --
         | one from the ATM machine, and another from my bank, which is
         | more than twice as much as the ATM machine's fee. I end up
         | paying $3.50 to withdraw money from an ATM.
        
         | thfuran wrote:
         | We should cap the fees. France has fees of something like 0.25%
         | due to regulation.
        
           | thereddaikon wrote:
           | They also need to be required to act more in line like telco
           | common carriers. The payment processors have too much say in
           | what they will and wont allow to be transacted on their
           | networks which has nothing to do with financial risk or
           | legality.
        
             | thfuran wrote:
             | Absolutely, as loathe as I am to suggest that anything
             | should be more like American telcos.
        
       | elforce002 wrote:
       | They need to break Microsoft too. These 2 are too big and have a
       | chokehold on many areas.
        
       | happytiger wrote:
       | In order to effectively break up Amazon someone needs to deliver
       | a trusted e-commerce layer for payments and delivery that rivals
       | it _and_ their delivery side.
       | 
       | People buy from them because it's incredibly easy to check out,
       | and because it's incredibly reliable for delivery and most
       | importantly they are the verb for e-commerce on the Internet:
       | they own "buy online" as a brand and that's a hard thing to
       | compete with even if it gets broken up like ma Bell. Those three
       | elements are very hard side problems you have to overcome to
       | build a competitor.
       | 
       | Shopify is well on their way to delivering an easy checkout
       | experience that could be aggregated to create a competitor of
       | sorts, but delivery remains the hard side problem -- the network
       | of warehouses and reliable short term delivery windows you can
       | count on. This aggregates demand and enables centralized
       | payments, but you end up essentially replicating Amazons delivery
       | system eventually to gain efficiency or remaining vulnerable
       | until someone comes and takes you out with shipping rates.
       | 
       | It's also the Craigslist problem all over again as well, because
       | every small category of Amazon is an ocean to a competitor and
       | each needs to solve all three hard side problems, so peeling off
       | each division and improving the experience to consumers is a
       | colossal task that wouldn't create the same potential for
       | efficiencies of scale or would end up advancing the possibility
       | of winner take all relocation of the exact same issues.
       | 
       | I really do think Amazon needs to be broken up to create more
       | competition, because the alternative seems like it would look a
       | lot like the Costco scene from Idiocracy. That's not a healthy
       | end-result.
       | 
       | Also IMO Jet.com was the last upstart of any seriousness and they
       | got taken out by Walmart, and that's another angle anyone who
       | breaks up Amazon has got to think about.
       | 
       | And _then_ their is their oil and gas pipeline in the form of
       | AWS, which is a strategic barrier all itself and allows Amazon to
       | have insane scale that's _entirely paid for_ by entirely
       | different customers. They can effectively operate for free on
       | their own cloud.
       | 
       | They have layer upon layer of network type advantages that have
       | to be unbundled if they are to be broken up, and unless it's done
       | profoundly well, they're going to remain 1100 lb gorillas.
       | 
       | I could probably organize these thoughts better and more
       | concisely but don't have time at the moment, but this is what
       | immediately comes to mind.
        
         | PaulHoule wrote:
         | Maybe it's because I don't live in the 2% of the land area
         | where 30% of people are dogpiled (if like 5% of you moved
         | someplace else the Republican party would be gone, baby,
         | gone...) but in my area AMZN deliveries are always UPS or USPS
         | or FedEx delivered so insofar as AMZN deliveries are reliable
         | it is because those systems are reliable. (I've seen an AMZN
         | delivery truck driving around in a particular neighborhood
         | between home and the office but it has never stopped at my
         | place so far as I know.)
         | 
         | In my area AMZN deliveries are 5 days which is nothing special
         | compared to the 1-3 day deliveries I frequently get from Wal-
         | Mart, Best Buy, and every other online store. In fact, I
         | regularly order stuff from _Japan_ on Ebay that arrives faster
         | than AMZN deliveries. (As Flavor Flav would say:  "I ordered
         | from Amazon Prime a long time ago, Amazon Prime is a joke in
         | 'yo town")
         | 
         | I hear a lot of zip codes that have huge AMZN warehouses in
         | them have 5 day delivery too but if you are Jim Cramer or a
         | Congressman or something they have to have you believing AMZN
         | is a little better than average as opposed to a little worse.
         | If they had slow shipping in Hollywood you'd see sitcoms making
         | jokes about slow Prime deliveries.
         | 
         | As for payments isn't AMZN just having Mastercard, Visa, and
         | American express do all the heavy lifting?
         | 
         | As for easy checkout, checkout has very few clicks on Ebay. I
         | check out from stores like Best Buy, Adorama, etc. and they all
         | are pretty easy, in fact they don't make me click 4 times
         | saying "NO I REALLY DON'T WANT TO SIGN UP FOR A FREE TRIAL OF
         | AMAZON PRIME".
         | 
         | Product listings on AMZN already look like a scene from
         | Idiocracy; often I see the same bullshit listing spammed
         | hundreds of times, listings that are word salad and make so
         | sense at all (and that AMZN doesn't want to investigate unless
         | you bought it.) I am not worried that AMZN is privileging a
         | $5.99 product over a $3.75 product, I find it highly stressful
         | to filter through product listings that are obviously 75% bogus
         | and call into question if I can trust any of them.
         | 
         | ---
         | 
         | Maybe if you live in Manhattan they send a bicycle messenger
         | backwards in time to deliver you packages as soon as you order
         | them but from my viewpoint as someone who lives four hours away
         | from a big warehouse in PA, AMZN is the Dollar General of
         | e-Commerce and the retailer of last resort which I'll only
         | order from if I can't find the item elsewhere. So far as I can
         | tell Amazon Prime is a big Jedi mind trick that makes people
         | think it is all OK because they want to watch _Rings of Power_
         | that bad or maybe that _Xanth_ series that AMZN bought the
         | rights to but will stay in development hell forever because it
         | 's just too squicky.
        
       | KingLancelot wrote:
       | [dead]
        
       | TheCaptain4815 wrote:
       | I fear a negative decision against Amazon so much more than other
       | big tech. Amazon's offering is so far and beyond all their
       | competition, I'd hate for the government to kill any future
       | innovation they have.
        
         | hyeonwho22 wrote:
         | Their 'offering' is totally artificial. Prices are low because
         | suppiers aren't permitted to offer lower prices elsewhere. They
         | have a history of blatantly abusing their monopoly position.
         | The law even includes personal criminal liabilities for CEOs in
         | these cases.
        
       | brucethemoose2 wrote:
       | The FTC is going to lose this case like they have lost others.
       | 
       | They are suing someone with the power of a government. Whether it
       | is "right" or not, the legal case needs to be incredibly strong
       | and airtight to make it through court, and a loss looks really
       | bad. It signals that other companies can be even _more_
       | anticompetitive because they know the FTC will lose against the
       | biggest fish in court.
        
         | seydor wrote:
         | > a loss looks really bad
         | 
         | To whom? it's not like they will lose customers. It's better to
         | try than not to try
        
           | umeshunni wrote:
           | > a loss looks really bad > To whom?
           | 
           | To the FTC led by Lina Khan, and supported/appointed by the
           | Dems, in an election year.
           | 
           | Also, the FTC's warning will start being ignored by companies
           | if they have a track record of crying wolf:
           | https://www.wsj.com/articles/lina-khan-is-taking-on-the-
           | worl...
        
       ___________________________________________________________________
       (page generated 2023-10-04 23:01 UTC)