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ARTICLE · 28 SEPTEMBER 2023

FTC's Amazon Antitrust Case: Market Definitions And Section 5 Of The FTC Act

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The Federal Trade Commission ("FTC") and 17 state attorneys general on September 26th filed their long-awaited antitrust complaint against Amazon.com in federal district court...

United StatesAntitrust/Competition Law
Jonathan Rubin
Jonathan Rubin
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Case will likely be a crucial test for enforcement of antitrust law in the digital platform economy.

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The Federal Trade Commission ("FTC") and 17 state attorneys general on September 26th filed their long-awaited antitrust complaint against Amazon.com in federal district court in the Western District of Washington. The complaint (a redacted version of which is available here) is a foreseeable ambition of FTC Chair Lina M. Khan, who as a Yale law school student authored an influential law review article titled, "Amazon's Antitrust Paradox." The article itemized conduct Ms. Khan characterized as "anticompetitive," which, when committed by a dominant firm with market power, can be unlawful under the antitrust laws.

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