Amazon fined 10 million by Antitrust for unfair commercial practice

The Antitrust Authority has imposed a fine of EUR 10 million jointly and severally on two companies in the Amazon group, the Luxembourg-based companies Amazon Services Europe and Amazon EU. This was announced by the Antitrust Authority, which, thanks to the investigation, found that Amazon was engaged in an unfair commercial practice consisting in the pre-selection of periodic purchases for a wide selection of products offered on the amazon.it website.

In particular, on the web page where the characteristics of the selected item are described, the option 'periodic purchase' is pre-set instead of 'single purchase', both for products sold by Amazon and for products sold by third parties on the marketplace. In this way, the Authority explains, consumers' freedom of choice is considerably restricted. The graphic pre-ticking of recurring purchase induces people to periodically buy a product - even without actual need - thus limiting their freedom of choice. Furthermore, the conduct implemented by the group was found to be contrary to the canon of professional diligence because an operator of Amazon's importance would be required to construct the online interfaces, relating to the purchasing process, in such a way as to enable consumers to make free and informed commercial choices.

At the start of the investigation, the note concludes, the pre-selection of paid fast delivery was also contested. With respect to this conduct, the Authority accepted the commitments proposed by Amazon, which in future will only pre-select the free delivery option. In addition, the two companies will provide compensation to consumers who contacted Customer Service during 2023 to complain about this conduct.

"We strongly disagree with the decision of the Competition and Market Authority (AGCM), and intend to appeal. Every day, customers benefit from the "Subscribe and Save" programme by saving money and time on regular deliveries of products they use regularly. Since its launch in Italy, Amazon.co.uk customers have saved more than EUR 40 million through orders placed with 'Subscribe and Save'. Our priority has always been to gain and maintain the trust of our customers and we will continue to work to offer them a great shopping experience through low prices, a wide selection and fast deliveries".