Francesco Petrocelli

The Fba Amazon Case between Tying Conduct and Self-Preferencing (I Wish I Could but I Can’t!)

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With an elaborate decision, the Italian Competition Authority (Agcm) takes part in the debate, still open, on the configurability of self-preferencing as an autonomous case of exploitative abuse with foreclosure effects. The Italian Nca has investigated the conduct perpetrated by Amazon which, by leveraging its «ultra-dominance» in the upstream market of intermediation services of marketplace, would have unduly favoured its own ancillary logistics service offered on the downstream market. Between the pages of the decision – which is certainly influenced by the experience of Google Search (Shopping) and by the European Union’s regulatory ferment – there lurks, however, more than one question left unsolved: among them, the undefined relationship of self-preferencing with the familiar category of tying practices; the uncertain boundaries of the definition of conduct that is contrary to competition on the merits; a de facto opening to a «quasi-essential facility doctrine» which, as is clear from the duties of neutrality imposed on Bezos’ company, brings digital infrastructures closer to models of public utilities.


  • Self-Preferencing
  • Gatekeepers
  • Tying conducts
  • Digital neutrality
  • Digital Markets Act


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