Monopoly Defined: Amazon Can Pass Go | INSIDE COMPLIANCE (2024)

Puja Valera

Associate Editor

Loyola University Chicago School of Law, JD 2023

With the recent antitrust lawsuit filed against Amazon and the new antitrust bills being debated in Congress, the online retail giant is at the forefront of everyone’s mind. The behemoth of a company has entered numerous markets including apparel, technology, and even grocery. The size and scope of the company begs the question, is Amazon a monopoly? As the law stands right now, Amazon is decidedly not.

What is a monopoly and what is antitrust law?

According to the Federal Trade Commission, a monopoly occurs when a single firm unreasonably restrains competition by creating or maintaining monopoly power. The courts tend to look at market share and whether they exclude other competitors to determine if the firm under investigation has monopoly power. If the firm does not have more than fifty percent of the sales of a particular product or service within a certain geographic area, then the courts do not usually find monopoly power. Additionally, that monopoly power must be sustainable. In other words, the firm must have a lasting monopoly power that is not overly affected by the entry of new firms or other competitive forces.

Most antitrust law stems from the Sherman Act of 1890. Its goal was to preserve free and unfettered competition as a rule of trade. The Supreme Court decided that the Sherman Act does not prohibit all restraints of trade, rather, only those that are unreasonable. However, certain acts like arrangements where competing firms or individuals agree to fix prices, divide markets, or rig bids are always considered per se illegal, with no defense or justification allowed. Overall, the basic goal of antitrust laws is to ensure that there are strong incentives for businesses to operate efficiently, keep prices low, and keep quality up.

Why is Amazon not a monopoly?

Amazon does not quite meet the Federal Trade Commission’s (FTC) definition of a monopoly. It does not have the requisite market share of over fifty percent of a particular product or service in a certain geographic area even though it has economic power in multiple industries including retail, web services, grocery, and entertainment. Currently, its largest market share of nearly fifty percent is in the e-Commerce industry, however, that is not large enough yet for the FTC to classify the giant company as a monopoly. At this time, the FTC’s definition of a monopoly is not dependent on the size of a company. Rather, it is dependent on consumer welfare, pricing, and stifling competition. Unless the law changes, Amazon can continue to acquire companies and enter into different industries.

Regarding consumer welfare, Amazon’s ability to eliminate customer pain points has made it a household name and increased its brand value tremendously. Amazon is hugely popular with customers all around the globe, especially in the United States. Almost twenty-five percent of U.S. adults are Amazon Prime members due to the online retailer’s low prices and free shipping perks. The easy online ordering and convenience provided by the online retailer has created an unheard-of brand loyalty in the modern age. With the onset of the Covid-19 pandemic, more and more consumers are turning to online retailers rather than brick-and-mortar stores and caused its consumer satisfaction to skyrocket.

Additionally, monopoly pricing references price-fixing that is higher than normal with less competition. To have monopoly power, firms need to accumulate the power to have the long-term ability to raise prices. With its low prices, Amazon is contributing to deflationary forces, which cause the inflation rate to go negative. Amazon is also not restraining trade since sellers can go to the Amazon Marketplace platform to sell their products. Though Amazon may be dominant on its platform, with a steady stream of entrants into the market, it still allows competition to occur. Although its size is large, when analyzing Amazon’s actions through the lens of the current definition of a monopoly from the Federal Trade Commission, Amazon is not a monopoly.

Looking ahead

Although Amazon is not currently labeled as a monopoly, as it accumulates more market share, it could become more of a threat to its competitors and start enacting illegal anti-competitive conduct like raising prices and lowering the quality of its products to increase its profits. There are currently five bills that have passed a House committee vote and could possibly break up the behemoth company. One of the most impactful bills, the Ending Platform Monopolies Act, would make it illegal to for a business to favor its own products and services over those of a competitor or disadvantage prospective competitors that use the platform. Thus, if the antitrust laws become stricter and more aggressive, Amazon could be classified as a monopoly and face potential fines and/or a breakup of its businesses.

Monopoly Defined: Amazon Can Pass Go | INSIDE COMPLIANCE (2024)

FAQs

Does Amazon fit the definition of monopoly? ›

Why is Amazon not a monopoly? Amazon does not quite meet the Federal Trade Commission's (FTC) definition of a monopoly.

Is Amazon a monopoly or monopolistic competition? ›

It's been alleged that Amazon operates as a monopoly because it has too much power in the e-commerce market. The argument goes that the company is able to charge extremely low prices on its platform, making it difficult for other businesses to compete.

How is Amazon violating antitrust laws? ›

NEW YORK (AP) — California is suing Amazon, accusing the company of violating the state's antitrust and unfair competition laws by stifling competition and engaging in practices that push sellers to maintain higher prices on products on other sites.

Is Amazon not a monopoly? ›

“Contrary to popular opinion, Amazon is not a monopoly that can continually vacuum up market share by virtue of its existence,” wrote Neil Saunders, managing director at GlobalData, in a note. “Like any retailer, it can only secure growth through evolution and innovation.

Is Amazon a monopoly or perfect competition? ›

"Amazon doesn't have any kind of monopoly." In the brick-and-mortar world, the company faces fierce competition from the likes of Walmart, Target, Home Depot, the Gap, and other major chains. In the digital sphere, it has to fend off bigger rivals like Apple and Google.

Why is Amazon a harmful monopoly? ›

Amazon's growing monopoly could wipe out retail jobs and stifle competitors. And, the fewer competitors there are, the more autonomy Amazon gets to control prices.

Why is Amazon a natural monopoly? ›

Companies such as Meta (formerly Facebook), Google, and Amazon have built natural monopolies for various online services due in large part to first-mover advantages, network effects, and natural economies of scale involved with handling large quantities of data and information.

Is Amazon a monopoly 2022? ›

Amazon's monopoly (control over buyers) gives it a monopsony (control over sellers), which lets it raise prices everywhere, at Amazon and at every other retailer, even as it drives the companies that supply it into bankruptcy.

What is the biggest threat to Amazon? ›

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Did Amazon lose the antitrust case? ›

In response to an antitrust price-fixing investigation by the Washington state attorney general, the company agreed to pay a $2.25 million fine in January and shutter a program in which it agreed on pricing with third-party sellers, rather than compete with them.

What are two violations of antitrust laws? ›

The most common antitrust violations fall into two categories: (i) Agreements to restrain competition, and (ii) efforts to acquire a monopoly. In the case of a merger, a combination that would likely substantially reduce competition in a market would also violate antitrust laws.

Has Amazon been sued for being a monopoly? ›

California's attorney general filed an antitrust lawsuit against Amazon on Wednesday, claiming the retailer stifles competition and increases the prices that consumers pay across the internet.

What type of market is Amazon? ›

Key Takeaways. Amazon is the world's largest online retailer and is rapidly growing its footprint in other areas such as physical retail stores, subscription services, and web services. Amazon's retail store rivals include Target, Walmart, Best Buy, and Costco.

Why is Amazon a monopsony? ›

Given Amazon's massive user base, Amazon is the main and possibly only choice for many smaller companies to sell their wares. This is a telltale sign of monopsony power since no other e-commerce company has a grip on the market like Amazon's.

What is the competitive structure of Amazon? ›

Range, price and convenience are placed at the core of Amazon competitive advantage. The global online retailer operates with a razor thin profit margin and succeeds due to a combination of economies of scale, innovation of various business processes and a constant business diversification.

What is Amazon's biggest competitive advantage? ›

The company deploys its strategy with the initial step which was to reduce the cost of products for a better customer experience that would attract the customer towards them. It has been perceived that Amazon uses the lower price differentiation in every product and services they offer.

Why is Amazon a oligopoly? ›

It operates in an oligopolistic market structure, which is characterized by few sellers but many buyers offering slightly differentiated products in terms of fees, payment, customer engagement, and other attributes.

What are 3 threats to a monopoly? ›

For the few high risks that threaten monopolies (Substitutes, Buyer power, Technology & Government), some actions can be taken to address them and reduce their impact.

What is the main problem of monopoly? ›

The disadvantages of monopolies include price-fixing, low-quality products, lack of incentive for innovation, and cost-push inflation.

Can Amazon go out of business? ›

Even this retail behemoth has its limitations and there are things it just can't do. At a recent staff meeting, the company's founder, Jeff Bezos, said 'Amazon is not too big to fail ... In fact, I predict one day Amazon will fail. Amazon will go bankrupt." So, even its founder knows the business isn't untouchable.

Is Amazon a perfect competition? ›

Yes, it is a perfectly competitive industry. For instance, it possesses various characteristics, including free entry and exit, allowing firms to...

What is a natural monopoly give 3 examples? ›

Natural monopolies are often regulated to prevent the firm from hiking prices too high, especially when the firm provides an essential product or service like water or power. Some examples of natural monopolies can be found in railroads, electrical power, water and utilities and telecom.

Is Amazon a monopoly in the book market? ›

Yes, many experts believe that Amazon is approaching de facto monopoly status in the publishing world. Amazon controls up to 80% of all book distribution in the US, and many worry that the company has engaged in anti-competitive and even predatory practices that has left publishers "racing to the bottom."

Who is suing Amazon? ›

Attorney General Bonta Announces Lawsuit Against Amazon for Blocking Price Competition.

Is Iphone a monopoly? ›

And the judge ruled that Apple doesn't have monopoly power because customers can choose Android phones instead. She did find, however, that Apple's policies violated California's Unfair Competition Law. Both sides appealed, and the Ninth Circuit is now reviewing the case.

Are there any monopolies right now? ›

Energy companies still hold monopolies in America and Europe. The USPS is a form of a legal monopoly in America. The 1890 Sherman Antitrust Act was created to break up unfair monopolies in the United States. Before antitrust laws, many companies acted as monopolies without consequence.

What are the 3 factors of monopoly? ›

First, there is only one firm operating in the market. Second, there are high barriers to entry. These barriers are so high that they prevent any other firm from entering the market. Third, there are no close substitutes for the good the monopoly firm produces.

What are the 7 characteristics of a monopoly? ›

The following are the characteristics of a monopolistic market:
  • Single supplier. A monopolistic market is regulated by a single supplier. ...
  • Barriers to entry and exit. ...
  • Profit maximizer. ...
  • Unique product. ...
  • Price discrimination.
6 May 2022

What is Amazon's biggest failure? ›

The Fire Phone is one of the company's most significant failures. So poorly did it sell that Amazon resorted to dropping the price to 99 cents.

Is Amazon a high risk company? ›

Risk Reward Forecast

Amazon.com now has a value at risk of 21%. While this is high, it is all short-term trading risk and not long-term investment risk.

What are the major issues of Amazon? ›

Amazon FBA in 2022: Biggest Challenges and How to Overcome Them
  • Compromised Cash Flow. Amazon has a strict structure around payouts. ...
  • High Degree of Competition. Amazon allows a large number of sellers to sell the same product. ...
  • Packaging Restrictions. ...
  • Strict Inventory Expectations. ...
  • High Amazon Fees. ...
  • Way Forward.

Did Amazon win the lawsuit? ›

Amazon, major publishers win dismissal of antitrust lawsuits over book pricing.

Why is Amazon currently being investigated for antitrust violations? ›

While Amazon's low-price policies may seem budget-oriented and consumer-friendly, the lawsuits allege that the company is actually stifling price competition and using its market power to coerce third-party sellers into agreeing not to sell their products at a lower price elsewhere.

How does Amazon eliminate competition? ›

Amazon has consistently engaged in predatory pricing — selling products and services below cost to kill off competitors and expand its market share. During its first six years, Amazon lost billions of dollars selling books below cost, a strategy that drove many bookstores out of business.

What makes a monopoly illegal? ›

An unlawful monopoly exists when one firm controls the market for a product or service, and it has obtained that market power, not because its product or service is superior to others, but by suppressing competition with anticompetitive conduct.

What are the big 3 antitrust laws? ›

The core of U.S. antitrust law was created by three pieces of legislation: the Sherman Antitrust Act, the Federal Trade Commission Act, and the Clayton Antitrust Act.

What is the most serious antitrust violation? ›

The worst antitrust offenses are cartel violations, such as: Price fixing: Price fixing occurs when two or more competing sellers agree on what prices to charge, such as by agreeing that they will increase prices a certain amount or that they won't sell below a certain price.

Why is there a lawsuit against Amazon? ›

Amazon faces $1 billion class action lawsuit in the UK over alleged antitrust breach. Amazon harms its customers by directing them to its “featured offer,” resulting in better-value deals being hidden and consumers paying more for products, according to a U.K. class action lawsuit.

Can you sue for a monopoly? ›

Law Prohibiting Illegal Monopolies

Under federal and some state laws, private parties (businesses or consumers) who were harmed by anticompetitive conduct can bring antitrust lawsuits seeking damages (in some instance treble damages) and injunctive relief.

Is monopoly still copyrighted? ›

The case was finally settled in 1985, with MONOPOLY continuing to be a valid trademark owned by Parker Brothers, and Anspach assigning the ANTI-MONOPOLY trademark to Parker but maintaining its use under license.

What strategy does Amazon use? ›

The business strategy of Amazon consists of focusing on investing in technologies, enhancing its logistics applications, improving its web services by fulfillment capacity, M&A strategy, R&D activities in logistics, experimenting with Fintech, and securing its inventions using patents.

What makes Amazon different from its competitors? ›

Competitive Advantage

The marketplace is excellent for customers due to its unique assortment of products. It is great for sellers because of the flexibility and popularity that the platform brings along with itself. More than 70,000 entrepreneurs with annual sales of more than $100,000 are on Amazon.

How is Amazon not a monopsony? ›

' The difference between the two, in practice, is that in a monopoly, the seller gets to choose what price it wants to charge, whereas in a monopSony, the buyer gets to choose what price it wants to pay. In our example, Amazon is the buyer, and traditional publishers and authors are the seller.

Is Amazon an example of monopsony? ›

Some experts do consider Amazon to be a monopsony as it has become the largest, and sometimes, only buyer in its market of specific goods and services that it then sells on its platform.

Are Google and Amazon monopolies? ›

Antitrust measures should be used to break up the companies so they don't stifle the digital market, according to the report. A US congressional report has accused Amazon, Apple, Facebook and Google of monopolising the digital market and recommended antitrust laws be used to break up these companies.

What are examples of monopolies? ›

Natural gas, electricity companies, and other utility companies are examples of natural monopolies. They exist as monopolies because the cost to enter the industry is high and new entrants are unable to provide the same services at lower prices and in quantities comparable to the existing firm.

Is Amazon in legal trouble? ›

California's antitrust lawsuit is among the biggest legal challenges to Amazon in recent years, as lawmakers and regulators in the U.S. and abroad have investigated the retail giant for potential anticompetitive practices.

What makes a monopoly? ›

A monopoly is when one company and its product dominate an entire industry whereby there is little to no competition and consumers must purchase that specific good or service from the one company. An oligopoly is when a small number of firms, as opposed to just one, dominate an entire industry.

Is Amazon and Apple a monopoly? ›

The four companies began as "scrappy underdog startups" but are now monopolies that must be restricted and regulated, the report from Democrats on the House Judiciary Committee's antitrust panel says.

Is Netflix a monopoly? ›

But nowadays there are different alternatives (HBO, Amazon, Disney, Hulu, etc) that provide similar services and related technology in the US economy. Therefore, Netflix cannot be considered a monopoly structure because it is not the only choice for consumers.

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