#21 Contestability by Enforcement: FCO Case Against Amazon's Pricing Mechanisms w/ Chris Meyers

In this interview, with Amazon's Chris Meyers, Associate General Counsel in EU Competition Law at Amazon, we discussed the implications of the Bundeskartellamt's most recent case against it, sanctioning its price-gouging mechanisms as hindering competition and harming consumers. The public version of the decision has not been made available yet, but the German competition authority published a press release noting a few of its main tenets, find it here: https://www.bundeskartellamt.de/SharedDocs/Meldung/EN/Pressemitteilungen/2026/26_02_05_Amazon.html?nn=48916. Amazon's official position, once the Bundeskartellamt issued the press release can be found in the following link: https://www.aboutamazon.de/news/company-news/amazon-preismechanismen. **Chris also wishes to note that the case was primarily based on Section 19a, but also includes 102, where it is clear that competitive harm and the consumer welfare standard should be applied.In our conversation, we also commented on a few developments and remarks coming from the European Commission and the FCO, find them below directly: - 00:26, The Bundeskartellamt triggers its first MFN case in 2013: https://www.bundeskartellamt.de/SharedDocs/Meldung/EN/Pressemitteilungen/2013/26_11_2013_Amazon-Verfahrenseinstellung.html?nn=219148. - 03:08, The FCO's designation of Amazon as an undertaking with paramount significance across markets abiding by the terms of Section 19a GWB: https://www.bundeskartellamt.de/SharedDocs/Meldung/EN/Pressemitteilungen/2022/06_07_2022_Amazon.html?nn=219148. - 06:35, Former Commissioner Vestager highlights that the DMA is passed to enhance the single market: https://www.reuters.com/technology/tech-rules-not-just-few-giants-eus-vestager-says-2021-07-02/. - 07:08, Current chair of the Bundeskartellamt points out the German competition authority's enforcement against Amazon relied on a "thin line" with regard to its overlap with the DMA: https://www.mlex.com/mlex/articles/2446713. - 08:47, Amazon's previous encounter with the Italian competition authority on the issue of MFNs: https://en.agcm.it/en/media/press-releases/2021/12/A528. Key moments00:00 The Amazon Case and the German competition authority's enforcement02:49 The Investigation Timeline and Regulatory Shift04:22 Overlap Between Section 19(a) and DMA06:58 Conflicting Goals of EU Regulations08:20 The German Case and Theory of Harm10:34 Disgorgement of Economic Benefits and Legal Challenges14:11 Reconciling Economic Benefits and Regulatory EnforcementTo learn more about Dr. Alba Ribera Martínez and her research, we invite you to visit her website: https://www.albariberamartinez.com.She also writes, from time to time, in her newsletter, the DMA Agora, about the latest developments surrounding the European regulation: https://www.linkedin.com/build-relation/newsletter-follow?entityUrn=7344021393451184128.She specifically wrote about the case on the latest issue of the DMA Agora: https://www.linkedin.com/pulse/bee-bundeskartellamts-bonnet-amazon-fined-its-price-ribera-mart%C3%ADnez-0vefe/?trackingId=n1nLv%2F2%2FTfycFLA%2BwxWjJw%3D%3D.