Missbruk av dominerande ställning på en plattform - En studie av den pågående utredningen mot Amazon

Sammanfattning: Abuse of a dominant position is a well-researched pillar of European competition law. However, with the emerge of e-commerce and online marketplaces new problems arise. The commission is currently investigating whether Amazon Inc. is abusing their position on the European market through systematically relying on data from their competitors, available to Amazon due to their position as owner of the popular marketplace. A second investigation focuses on the procedures behind how the winners of the “Buy Box” are selected, a preferential treatment suspected to be given to Amazon’s own products. The company enjoys a dual role, as both owner of the platform and retailer of most of the items on said platform. This essay aims to explore the details of the case and predict the outcome. To help with this, the question of competition within the framework of platforms are examined. Article 102 TFEU forbids the abuse of a dominant position but cannot affect how a company organizes data and presents content on their own platform. This is shown in the slightly controversial Google Shopping case, which is revisited in this essay. While competition on the merits is allowed and encouraged, a company who acts in a way that reinforces their own already dominant position might be abusing that same position. While Amazon is in a similar way controlling purchases in two stages: as the platform and one of many retailers. In conclusion, what Amazon is doing could constitute abuse, depending on their strength and exactly how strong their dominant position is. The commission will not be able to fine Amazon for a conduct that is only occurring within the framework of their platform, but if the conduct has possible effects on competition outside of the platform it could be considered to distort competition on the market for e-commerce and online marketplaces.