FTC to Define 'Big Box Store Online and Retail' Market in Amazon Lawsuit
The Federal Trade Commission (FTC) is set to define the relevant market in its lawsuit against Amazon, focusing on 'Big Box Store Online and Retail'. This definition, however, is likely to face challenges in federal court, given the evolving retail landscape and the rise of omnichannel integration.
Traditional retail and e-commerce are no longer separate entities. Modern consumers consider various options when shopping, from online platforms to physical stores, and even specialty sites. This integration is reflected in pricing strategies, with online and in-store prices directly relating to each other.
The FTC's planned market definition for the Amazon case includes major retailers like Walmart, Target, Costco, and Best Buy. However, this definition may not align with current antitrust jurisprudence. Existing case law suggests that the market should be defined based on the ability to raise prices without losing significant sales to competitors, which could encompass a broader range of retailers and online platforms.
Small and Medium Sized Businesses (SMBs) have benefited from the 'E-Commerce Effect'. They now have new sales opportunities and tools, allowing them to compete more effectively in the omnichannel retail market.
The FTC's market definition in the Amazon case will significantly impact the outcome of the lawsuit. However, the court may challenge the definition, given the complex and integrated nature of the modern retail market. The final definition will likely influence future antitrust cases involving tech giants and their impact on smaller businesses.
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