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Germany’s Antitrust Watchdog Bans Amazon’s Marketplace Price Controls, Orders €59 Million Disgorgement

Amazon plans to appeal to the Federal Court of Justice within a month.

Overview

  • The Bundeskartellamt prohibited Amazon from routinely using algorithmic price-control mechanisms on its German Marketplace, allowing them only in narrow cases such as price gouging.
  • Regulators said Amazon’s tools could delist offers or exclude them from the Buy Box when prices were deemed too high, which can cause significant revenue losses for third‑party sellers.
  • The authority ordered a provisional disgorgement of about €59 million under a 2023 legal change that enables recovery of gains from unlawful conduct.
  • Amazon rejects the decision and will challenge it at the BGH, arguing the ruling conflicts with EU competition standards, while the authority says it coordinated with the European Commission.
  • The watchdog cites Amazon’s dominant position in German online retail and characterizes the infringement as ongoing, leaving open the possibility of further measures.