The Federal Trade Commission (FTC) and Amazon both pressed the Ninth Circuit on Wednesday to deny the American Booksellers Association’s (ABA) bid to intervene in the ongoing government antitrust case against Amazon. Both parties argue that the association’s claims, focused on Amazon’s book sales practices, diverge too significantly from the broader issues at the heart of the case.
Amazon Booksellers Case : Divergent Antitrust Claims
In their answering briefs, the FTC and Amazon contended that the ABA’s claims, which allege that Amazon is using its dominant position as a buyer to coerce publishers into offering favorable terms, differ from the government’s case against Amazon. The FTC’s primary focus is on Amazon’s alleged monopoly in the broader online retail market, particularly involving “superstores” that sell a wide range of products.
“This claim is clearly different from the government’s claim because it involves a different theory of anticompetitive conduct and antitrust harm in a different market,” the FTC stated in its brief. The commission further argued that adding the ABA’s claims would unnecessarily complicate and delay the case, hindering the government’s efforts to ensure fair competition in the market.
