Amazon (E-books) (AT.40153) [Archived]
Amazon (E-books) (AT.40153) [Archived]

The following Competition guidance note provides comprehensive and up to date legal information covering:

  • Amazon (E-books) (AT.40153) [Archived]
  • Case facts
  • Timeline
  • Commentary
  • Related cases

CASE HUB

ARCHIVED–this archived case hub reflects the position at the date of the decision of 4 May 2017; it is no longer maintained.

See further, timeline, commentary and related cases.

Case facts

Outline European Commission Article 102 TFEU investigation into alleged anti-competitive behaviour in the e-books sector by Amazon, in particular looking at most-favoured nation (MFN) clauses (Case AT.40153).

Latest developments On 4 May 2017, the Commission accepted binding commitments from Amazon and ended its investigation.

Under the commitments, Amazon will:
• not enforce (i) relevant clauses requiring publishers to offer Amazon similar terms and conditions as those offered to Amazon's competitors or (ii) any such clause requiring publishers to inform Amazon about such terms and conditions. This covers, in particular, provisions related to alternative/new business models, release date and catalogue of e-books, features of e-books, promotions, agency price, agency commission and wholesale price
• allow publishers to terminate, upon 120 days' written notice, e-book contracts that include a clause linking discount possibilities for e-books to the retail price of a given e-book on a competing platform (so-called Discount Pool Provis