Italy: Lazio Regional Administrative Court issued ruling partially annulling Competition Authority's sanction against Amazon for abuse of dominant position

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Lazio Regional Administrative Court issued ruling partially annulling Competition Authority's sanction against Amazon for abuse of dominant position

On 2 September 2025, the Regional Administrative Tribunal for Lazio issued a ruling partially annulling the Competition Authority's sanction of EUR 1.13 billion against Amazon to an unspecified lower amount due to inadequate justification for the fine imposed. However, the Tribunal upheld the decision against Amazon for abusing its dominant position in the Italian online marketplace services market. The Tribunal confirmed Amazon engaged in self-preferencing between 2016-2021 by tying essential marketplace benefits exclusively to its Fulfilled by Amazon (FBA) logistics service, affecting third-party sellers on Amazon Italy and competing logistics providers. Amazon controlled approximately 53% of the Italian marketplace intermediation services market and used discriminatory performance metrics that favoured FBA users whilst restricting Prime eligibility and promotional event access for sellers using independent logistics. The Competition Authority imposed a EUR 1.13 billion fine, and behavioural remedies requiring Amazon to publish clear Prime eligibility criteria, apply uniform performance monitoring regardless of logistics provider, and provide equal treatment for Prime-eligible offers.

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Scope

Policy Area
Competition
Policy Instrument
Unilateral conduct regulation
Regulated Economic Activity
platform intermediary: e-commerce
Implementation Level
national
Government Branch
judiciary
Government Body
court

Complete timeline of this policy change

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2019-04-16
under deliberation

On 16 April 2019, the Italian Competition Authority (AGCM) opened an investigation into Amazon alle…

2021-11-30
in force

On 9 December 2021, Italy's Competition Authority (Autorità Garante della Concorrenza e del Mercato…

2025-09-02
in force

On 2 September 2025, the Regional Administrative Tribunal for Lazio issued a ruling partially annul…