May 14 (Reuters) - Amazon.com ( AMZN ) has urged a U.S. judge to
bar the Federal Trade Commission from probing the company's data
preservation efforts, arguing in a court filing that the agency
had not shown any relevant evidence in its antitrust lawsuit has
been lost.
Amazon's ( AMZN ) Monday night filing in Seattle federal court came
after the FTC claimed last month that the company had failed to
stop the "widespread deletion" of senior executives' messages on
the communications platform Signal.
The FTC sued Amazon ( AMZN ) last year, accusing the company of
abusing its retail market power to reduce competition and keep
prices artificially high. Amazon ( AMZN ) has denied the allegations and
asked a judge to dismiss the case.
Amazon ( AMZN ) and the FTC declined to comment.
The FTC asked the court to force Amazon ( AMZN ) to reveal more
information about its preservation practices. Amazon ( AMZN ) executives,
the agency said, used Signal's "disappearing message" feature to
destroy records of their internal communications despite being
on notice to preserve such data.
Signal is a popular, secure messaging service that allows
users to set how long they want their messages to remain
available.
Amazon ( AMZN ) countered in its Monday filing that the FTC was
seeking legally protected information. It said its founder and
former CEO Jeff Bezos started using Signal on his personal phone
after his phone was hacked in 2018.
The company said it has been "cooperative and transparent
about Signal" with the FTC, providing screenshots and other data
to the agency as part of its request for information.
The FTC took testimony from Amazon ( AMZN ) executives including
Bezos and current CEO Andrew Jassy, among others, about their
Signal use, court records show.
Amazon ( AMZN ) said there was no evidence "despite the FTC's best
efforts to suggest otherwise" that company officials used Signal
to discuss business practices that are at the heart of the case.
The case is Federal Trade Commission v. Amazon.com Inc ( AMZN ), U.S.
District Court, Western District of Washington, No.
2:23-cv-01495-JHC.
For FTC: Susan Musser, Edward Takashima and Emily Bolles of
FTC
For Amazon ( AMZN ): Patty Eakes and Molly Terwilliger of Morgan,
Lewis & Bockius; Heidi Hubbard and John Schmidtlein of Williams
& Connolly; Thomas Barnett and Katharine Mitchell-Tombras of
Covington & Burling; and Kosta Stojilkovic of Wilkinson Stekloff
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