Amazon, in its brief, pointed out that the ABA had unsuccessfully lobbied the FTC to include a claim under the Robinson-Patman Act, which addresses price discrimination. The commission has not enforced this act since the 1970s, and the brief noted that a New York federal court had dismissed a similar claim brought by one of the ABA’s members against Amazon and major publishers last year.
Potential Implications
The FTC and Amazon both warned that allowing the ABA to intervene would add significant complexity to the case, potentially delaying the government’s ability to protect consumers from Amazon’s alleged monopolistic practices. The FTC emphasized that the government’s case is critical for determining whether online commerce in the U.S. will be governed by fair competition.
As the Ninth Circuit considers the ABA’s appeal, the outcome could impact not only the trajectory of the government’s antitrust case against Amazon but also the broader landscape of competition in the book market.
