EU · ongoing · ~9 min read
EU Amazon Buy Box and FBA follow-on probe
2024–present · online marketplaces, third-party seller services, e-commerce logistics
Europe already pushed Amazon to change how its Buy Box picks default sellers on its marketplace. Now regulators are investigating again, asking whether Amazon still favors its own products and fulfillment service (FBA). Sellers say ranking and shipping rules remain unfair. Amazon disputes that. The probe is active—no new fine yet.
The story
Amazon's marketplace lets millions of independent sellers list products next to Amazon's own retail offers. The Buy Box—the prominent 'Add to Cart' button—can make or break a seller's day.
In 2022 the European Commission accepted Amazon's commitments to stop using non-public seller data for its retail business and to apply fair Buy Box criteria. That closed one chapter without a fine.
Merchants and trade groups soon argued the fixes were incomplete. Fulfillment by Amazon (FBA)—Amazon's warehousing and shipping program—still seemed tied to Prime badges, ad placement, and eligibility for certain promotions.
In July 2024 the Commission opened a new formal investigation. It examines whether Amazon's marketplace and logistics practices still illegally favor Amazon-as-retailer and FBA sellers over merchants who handle their own shipping.
The probe intersects with the Digital Markets Act, which designates Amazon a gatekeeper with duties on fair ranking and data access for business users.
Amazon says it complies with prior commitments and DMA rules, invests heavily in seller tools, and competes with countless other retailers online.
Because the investigation is ongoing, no new guilt finding or penalty has been announced. The case will signal whether behavioral remedies alone can police a hybrid retailer-marketplace.
Why it matters
Small Amazon sellers depend on Buy Box visibility; ranking rules are their lifeline.
Self-preferencing on marketplaces is a core DMA theme—outcomes here preview enforcement elsewhere.
Consumers may pay higher marketplace prices if competition among sellers is dampened.
Follow-on probes show commitments do not always end regulator attention.
Logistics tie-ins (FBA) blur lines between platform services and retail strategy.
What was claimed
Amazon still uses marketplace advantages to boost its first-party retail offers.
FBA linkage discriminates against sellers who fulfill orders themselves.
Prior commitments failed to restore fair competition on the marketplace.
Gatekeeper duties on fair ranking may also be breached.
The other side
Amazon says sellers choose FBA voluntarily for speed and Prime eligibility.
It argues the marketplace remains highly competitive with transparent policies.
Amazon maintains it implemented EU commitments and continues to refine them.
It points to heavy investment in anti-counterfeit and seller education programs.
What it means for you
Shoppers may not notice day-to-day, but Buy Box rules affect which seller fulfills your order and at what price.
If remedies tighten, you might see more non-Amazon-fulfilled offers winning the default button.
Prime shipping benefits could change if FBA linkages are restricted—watch EU updates only for now.
Third-party sellers worldwide track EU Amazon cases for policy hints.
No new consumer refunds or fines are tied to this open probe yet.
Bottom line
Europe is revisiting Amazon marketplace fairness after earlier Buy Box commitments. Investigators suspect lingering self-preferencing through FBA and retail ranking—Amazon disagrees, and the case remains unresolved.
Timeline
2020–2022
Original Buy Box case
EU regulators challenged Amazon's use of non-public marketplace data and Buy Box criteria favoring its retail arm.
December 2022
Commitments accepted
Amazon offered behavioral remedies on data use and equal Buy Box treatment rather than fighting to a fine.
July 2024
Follow-on probe opens
The Commission reopened scrutiny amid complaints that FBA requirements and advertising still skew visibility.
Ongoing
DMA overlap
Amazon's gatekeeper duties on fair ranking and data use run parallel to classic Article 102 enforcement.
Key dates
- Prior EU commitments decision
- December 2022
- New formal investigation opened
- July 2024
- DMA gatekeeper designation (Amazon)
- September 2023
- Investigation ongoing
- 2025–2026
Formal snapshot
Summary: Following prior EU antitrust commitments on Buy Box and marketplace data, the Commission opened a fresh investigation into whether Amazon still favors its retail offers and Fulfillment by Amazon sellers in ranking and logistics.
Regulator / plaintiff argument: Amazon may continue to use marketplace data and FBA tie-ins to self-preference its own retail unit and captive logistics, disadvantaging independent merchants despite earlier remedies.
Outcome: Formal investigation ongoing; no new infringement decision or fine issued as of public reporting.
Conduct tags
Laws referenced
- TFEU Article 102 — Art. 102 TFEU
- Digital Markets Act — Reg. (EU) 2022/1925
Companies
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