Germany: Federal Cartel Office found that Amazon’s price control practices may constitute abuse of dominant position under the Act Against Restraints of Competition

On 2 June 2025, the Federal Cartel Office (FCO) issued a preliminary legal opinion to Amazon concerning the use of price control mechanisms on the Amazon marketplace. The FCO noted that Amazon's practices may constitute an abuse under Section 19a(2) of the German Competition Act (GWB) for large digital companies and violate general anti-abuse provisions in Section 19 GWB and Article 102 TFEU. The investigation focuses on Amazon's pricing policies, which limit sellers' pricing freedom and visibility based on non-transparent marketplace rules, thereby potentially distorting competition. Amazon, which commands around 60% of Germany's online retail market, now has the opportunity to respond to these allegations. The FCO’s concerns include the restrictive impact on marketplace competition due to Amazon's dynamic price caps and the possible coordination of market prices to Amazon's advantage, limiting other retailers' competitive ability.