Aug 22 (Reuters) - An appeals court in Washington, D.C.
revived the district's lawsuit against Amazon.com Inc ( AMZN )
on Thursday, saying it plausibly claimed the online retailer's
pricing policies illegally stifle competition.
The District of Columbia Court of Appeals reversed a ruling
that had dismissed the lawsuit, which accuses Amazon ( AMZN ) of harming
competition through restrictions on its suppliers and
third-party sellers on Amazon.com ( AMZN ).
Amazon ( AMZN ) is currently seeking dismissal of another case
involving similar claims by the U.S. Federal Trade Commission
and more than a dozen states.
Amazon ( AMZN ) spokesperson Tim Doyle said the company disagrees
with the appeals court ruling and looks forward to proving its
policies benefit consumers.
"Just like any store owner who wouldn't want to promote a
bad deal to their customers, we don't highlight or promote
offers that are not competitively priced," he said.
D.C. Attorney General Brian Schwalb welcomed the court's
ruling in a statement.
"We will continue fighting to stop Amazon's ( AMZN ) unfair and
unlawful practices that have raised prices for District
consumers and stifled innovation and choice across online
retail," he said.
D.C. sued Amazon ( AMZN ) in May 2021 claiming Amazon ( AMZN ) effectively
bans third party sellers from offering products for less
elsewhere by refusing to highlight their listings if they do.
The lawsuit also claims Amazon ( AMZN ) has agreements with
wholesalers that guarantee it a minimum profit. As a result, the
complaint alleges, if Amazon ( AMZN ) lowers a price to compete with
another online seller, the wholesaler must pay Amazon ( AMZN ) the
difference between the price it sells at and the agreed minimum.
These payments are a disincentive for wholesalers to lower
prices to compete, the complaint said.
The D.C. appeals court said on Thursday the judge who
dismissed the case in May 2023 set the bar too high, and the
attorney general had a plausible claim the practices harmed
competition in the online retail marketplace.