The Italian Competition Authority’s Decision in the Amazon Logistics Case: Self-preferencing and Beyond

In a long-awaited decision, the Italian Competition Authority (ICA) has found Amazon in breach of Article 102 TFEU. The ICA has defined the anticompetitive conduct in question as ‘self-preferencing’,2 although this term may not fully or adequately explain Amazon’s actions.
The case concerns a series of exclusive and irreplicable benefits accorded to vendors subscribing to ‘Fulfillment by Amazon’ (FBA), with which Amazon aimed at gaining a dominant position in the Italian market for logistics services at the expense of other efficient competitors, consumers, and competition as a whole.To determine whether this conduct infringed Art. 102 TFEU, the ICA has followed the standard method of defining the relevant market before establishing dominance and its abuse. This article unpacks the ICA’s decision and considers its contribution to the development of competition law in this sector. In particular, the article considers some of the differences between this decision and the Google case regarding the definition of self-preferencing practices, claiming that this definition might be inadequate to fully describe Amazon’s conduct and the ICA’s decision. Finally, the article discusses some of the drawbacks and limitations of the ICA’s decision.