Antitrust Scrutiny in Germany: Amazon’s Pricing Practices Under Fire

Antitrust Scrutiny in Germany: Amazon’s Pricing Practices Under Fire

Germany’s Federal Cartel Office (FCO) has issued a stark warning to Amazon, signaling that its pricing restrictions on third-party sellers may breach national and EU competition laws. The FCO’s preliminary findings, announced on June 2, 2025, focus on Amazon’s use of algorithmic price control mechanisms and “Brand Gating” policies, which regulators argue limit sellers’ ability to offer competitive prices elsewhere and distort fair competition on the Amazon Marketplace. Source: Bloomberg, June 2, 2025

[](https://www.cnbc.com/2025/06/02/amazon-antitrust-germany.html)

Amazon’s Price Control Mechanisms

Amazon’s price control mechanisms involve algorithms that monitor third-party sellers’ prices across the internet. If a seller offers a lower price on another platform, Amazon’s systems may demote their listings, exclude them from the Buy Box, or remove them from search results entirely. The Buy Box is critical, as it accounts for approximately 98% of purchases on Amazon, making it a vital tool for sellers’ visibility and sales. The FCO contends that these practices impose “inappropriate and objectively unjustified restrictions” on third-party sellers, limiting their pricing freedom and potentially harming consumers by keeping prices artificially high. Source: Reuters, June 2, 2025

[](https://www.reuters.com/sustainability/german-cartel-office-criticizes-use-price-control-mechanisms-by-amazon-2025-06-02/)

The Issue with Brand Gating

Additionally, the FCO is scrutinizing Amazon’s “Brand Gating” policy, which allows brands to restrict third-party sellers from offering their products on the Amazon Marketplace. While Amazon claims this protects consumers from counterfeit goods, the FCO argues it may unfairly exclude legitimate sellers, particularly when Amazon itself continues to sell these branded products. This dual role as both a retailer and a marketplace operator has long been a point of contention, as it positions Amazon as a gatekeeper with significant control over market access. Source: Bundeskartellamt, June 2, 2025

A History of Regulatory Oversight

The FCO’s concerns are not new. Since 2018, it has investigated Amazon’s practices, including its influence over seller pricing and exclusionary agreements with brand manufacturers. In 2022, the FCO designated Amazon as a company of “paramount significance for competition across markets” under Section 19a of the German Competition Act (GWB), granting regulators enhanced powers to address anti-competitive behavior proactively. The latest warning builds on these efforts, with the FCO indicating that Amazon’s practices could violate these specialized provisions for large digital companies. Source: Bundeskartellamt, July 6, 2022

[](https://www.bundeskartellamt.de/SharedDocs/Meldung/EN/Pressemitteilungen/2022/06_07_2022_Amazon.html)

Amazon’s Response

Amazon has pushed back, arguing that its pricing mechanisms benefit customers by promoting competitive offers and ensuring a trusted shopping experience. A spokesperson stated, “If Amazon is prevented from helping people find competitively priced offers, it will lead to a bad shopping experience for them, as we’d need to promote uncompetitive or even abusive pricing in our store.” The company has the opportunity to respond to the FCO’s preliminary assessment before a final decision is reached, which could lead to formal investigations or mandated changes to its marketplace policies. Source: CNBC, June 2, 2025

[](https://www.cnbc.com/2025/06/02/amazon-antitrust-germany.html)

Implications for Amazon Sellers

For Amazon sellers, these developments signal potential shifts in how they can operate on the platform. Restrictions on pricing freedom and access to the Buy Box could affect profitability and market reach, particularly for smaller sellers reliant on Amazon’s Marketplace. The FCO’s actions also align with broader European efforts to curb the market power of Big Tech, as seen in the EU’s Digital Markets Act (DMA), which imposes similar ex ante regulations on digital gatekeepers. Source: TechCrunch, May 18, 2021

[](https://techcrunch.com/2021/05/18/amazons-market-power-to-be-tested-in-germany-in-push-for-early-action-over-antitrust-risks/)

Protect Your Amazon Business

Sellers facing challenges with Amazon’s policies, such as account suspensions, Buy Box suppression, or unfair pricing restrictions, should seek expert legal guidance to navigate these complex issues. AMZ Sellers Attorney® specializes in helping Amazon sellers protect their businesses and maximize their potential on the platform.

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