Germany: Federal Cartel Office prohibited Amazon from applying price control mechanisms and ordered disgorgement of economic benefits

On 5 February 2026, the Federal Cartel Office prohibited Amazon from influencing the prices charged by third-party sellers on the German Amazon Marketplace, and prohibited the existing price control mechanisms that removed offers or restricted Buy Box visibility when third-party seller prices were assessed as too high under non-transparent price caps and notifications. The conduct was assessed as an abuse under Section 19a(2) of the German Competition Act (GWB), which relates specifically to large digital companies, as well as constituting a violation of general provisions under Section 19 GWB, and Article 102 of the Treaty on the Functioning of the European Union (TFEU). Amazon may use such mechanisms only in exceptional cases, particularly in instances of excessive pricing, and in line with requirements set by the Federal Cartel Office on parameters, rule setting, and notifications. The Federal Cartel Office provisionally set the sum for disgorgement at close to EUR 59 million, which constitutes a partial amount because the infringement is ongoing. Amazon has one month to appeal the decision, in which case it will be decided conclusively by the Federal Court of Justice. The case followed a Section 19a GWB designation in July 2022 and was confirmed by the Federal Court of Justice in April 2024.