In a case already marked by complexity and confrontation, the FTC and Amazon jointly asked a Washington federal judge on Wednesday to shift the start date of their high-stakes Amazon Antitrust Trial—a move they say is necessary after the longest government shutdown in U.S. history threw the litigation off course.

Shutdown Fallout Forces Schedule Reset

The bench trial, originally slated for Feb. 9, 2027, is now proposed for March 29, 2027, according to a joint status report filed by both sides. The request is the latest in a chain of cascading deadline adjustments prompted by the court’s Oct. 1 order pausing the case during the shutdown, a pause lifted only on Nov. 18.

Fact discovery, initially scheduled to close Oct. 22, 2024, would now extend to Jan. 30, 2026, marking a significant shift in the litigation’s timeline.

The FTC and Amazon offered no immediate public comment.

Accusations of an Artificial Pricing Floor

Filed in September 2023, the lawsuit accuses Amazon of engineering an online environment in which prices cannot naturally fall. The FTC and 17 state attorneys general allege Amazon’s use of proprietary logistics requirements and “price surveillance” tools effectively punishes sellers who offer cheaper options elsewhere—creating what they call an artificial pricing floor.

The case has moved forward amid waves of discovery disputes, including disagreements over Amazon’s attempt to claw back internal documents, resulting in mixed rulings from the court.

Subpoenas, Depositions, and Discovery Battles

Both sides detailed an aggressive discovery push:

• Plaintiffs have issued 44 subpoenas to third-party retailers, logistics providers, marketplaces, and sellers.

• Amazon has sent 48 subpoenas to similar third parties.

• 39 third-party depositions have been completed, with 29 more noticed.

Tensions continue to flare. The FTC reported reaching an “impasse” with Best Buy over discovery scope and said it will elevate the disagreement to the court by Friday.

Parallel State Litigation Adds Pressure

The federal case advances alongside several state attorney general suits, including one filed by the D.C. attorney general. That action is currently scheduled for trial in May 2027, with discovery coordinated across the overlapping cases. However, both the D.C. AG and Amazon reportedly plan to request a postponement there as well.

Counsel

FTC: Olga Musayev, Shira A. Steinberg, Edward Takashima
States: Represented by their respective attorneys general
Amazon:

• Morgan Lewis & Bockius LLP – Patty A. Eakes, Molly A. Terwilliger

• Williams & Connolly LLP – Heidi K. Hubbard, John E. Schmidtlein, Kevin M. Hodges, and others

• Covington & Burling LLP – Thomas O. Barnett, Derek Ludwin, Kate Mitchell-Tombras