December 7, 2022

On Friday, Amazon filed a movement to dismiss a category motion introduced towards the towards it that alleged their contractual agreements with suppliers are anticompetitive and defend Amazon from competitors with retail suppliers.

Amazon claims that, by setting Margin Agreements with its wholesale suppliers, it’s encouraging market competitors and performing in favor of antitrust legal guidelines. Amazon states that these lowered costs profit clients, such because the plaintiffs.

The e-commerce large additionally alleges that the plaintiffs lack antitrust standing as a result of they haven’t suffered an antitrust harm. Amazon expands on this reasoning, arguing that the market conduct, in query by the plaintiffs, happens outdoors any market the plaintiffs take part in as customers.

In line with Amazon, “[the] Plaintiffs’ principle of market-wide anticompetitive results rests on allegations relating to the mixed results of particular person Margin Agreements; this principle fails as a result of the Grievance doesn’t allege an settlement or conspiracy amongst and between the Amazon suppliers together with Amazon.”

Amazon is represented by Davis Wright Tremaine LLP, Paul, Weiss, Rifkind, Wharton & Garrison LLP, in addition to their in-house counsel.

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