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Amazon Antitrust Trial 2026: Impact on Marketplace Sellers

• 8 min •
Le procès antitrust de la FTC contre Amazon pourrait redéfinir les règles pour les vendeurs tiers.

Introduction

On September 26, 2026, the Federal Trade Commission (FTC) and 17 U.S. states filed a historic lawsuit against Amazon, accusing it of illegally maintaining monopoly power in online markets [1]. This lawsuit, the most significant since the Microsoft case in the 1990s, survived a motion to dismiss in October 2026 [2]. In March 2026, a crucial hearing on economic aspects was held in Seattle [7], and in September 2026, the FTC announced a historic $2.5 billion settlement [3]. But beyond the headlines, what does this case mean for the hundreds of thousands of third-party sellers who depend on Amazon to reach customers?

This article deciphers the stakes of the trial, the arguments of both sides, and the practical consequences for marketplace sellers. We will see how market definition, alleged anti-competitive practices, and potential remedies could reshape the e-commerce ecosystem.

How Does the FTC Define the Relevant Market?

The central question in any antitrust trial is market definition. The FTC must prove that Amazon holds monopoly power in a specific market. According to legal analyses, this point is a crucial battleground [8].

The FTC's Thesis: Two Distinct Markets

The FTC argues that Amazon dominates two markets:

  1. The online marketplace market: where third-party sellers offer their products.
  2. The delivery services market: for orders shipped via Fulfillment by Amazon (FBA).

According to the complaint, Amazon controls over 70% of these markets, giving it market power to impose anti-competitive conditions on sellers.

Amazon's Counterargument

Amazon contests this definition. For the company, the relevant market is much broader: it includes all online retailers (Walmart, Target, Shopify, etc.) and even physical stores. In its official response, Amazon claims that the FTC's lawsuit, if successful, would "lead to higher prices and slower deliveries" for consumers [5]. Think tanks like NetChoice believe the FTC's economic theory is fragile and that the case "wilts under economic scrutiny" [4].

Which Amazon Practices Are Challenged?

The FTC complaint targets several Amazon practices that the agency claims harm competition and third-party sellers.

Self-Preferencing and the "Buy Box"

The FTC accuses Amazon of favoring its own products and those of sellers using FBA in the "Buy Box," which generates the vast majority of sales. Sellers not eligible for the Buy Box see their sales drop, forcing them to subscribe to FBA.

Price Parity Clauses

Amazon allegedly imposes clauses preventing sellers from offering lower prices on other platforms (Amazon, eBay, their own site). According to the FTC, this artificially maintains high prices and discourages innovation.

Excessive Fees

The FTC alleges that Amazon uses its dominant position to impose ever-increasing selling and advertising fees. Sellers are "stuck": without Amazon, they lose a massive share of their sales; with Amazon, their margins erode.

What Is the Impact on Third-Party Sellers Today?

Even before the final judgment, the case has concrete repercussions.

A Climate of Uncertainty

Sellers fear abrupt changes. If the FTC wins, Amazon could be forced to modify its algorithms, reduce fees, or open its data. But if Amazon wins, the status quo would be maintained or even strengthened.

Ever-Higher Fees

In 2026-2026, sellers saw increases in storage, listing, and advertising fees. The FTC complaint highlighted these practices but has not yet provided relief.

Toward Diversification?

The case encourages some sellers to diversify their sales channels: Shopify, Walmart Marketplace, or even European marketplaces. However, Amazon's power remains overwhelming.

What Are the Possible Remedies?

The $2.5 Billion Settlement

In September 2026, the FTC announced a historic $2.5 billion settlement [3]. According to the press release, this settlement includes corrective measures for third-party sellers, including:

  • Refund of a portion of improperly collected fees: a fund for harmed sellers.
  • Relaxation of parity clauses: sellers will be able to offer lower prices elsewhere.
  • Algorithmic transparency: Amazon must explain the Buy Box criteria.

However, this settlement is not an admission of guilt. Amazon still denies the allegations and contests the market definition.

Possible Judicial Scenarios

If the case goes to trial, several outcomes are possible:

| Scenario | Consequences for Sellers |

|----------|--------------------------|

| FTC total victory | Structural remedies (split of Amazon Logistics?), fee reductions, greater transparency |

| Partial decision | Fines and practice modifications without major restructuring |

| Amazon victory | Maintenance of the current system, possible fee increases to cover legal costs |

| Settlement | Fine and voluntary commitments, like the 2026 settlement |

Perspectives: What Next?

The FTC v. Amazon case is emblematic of a global trend: regulators want to rein in tech giants. In Europe, the Digital Markets Act already imposes similar rules. In the U.S., this trial could set a precedent.

For sellers, the message is clear: it's time not to put all eggs in one basket. Even if Amazon remains essential, diversifying sales channels and building a proprietary brand are prudent strategies.

In conclusion, the antitrust battle against Amazon is far from over. Sellers must closely monitor the case's developments, as it will largely determine the balance of power in e-commerce for years to come.

For Further Reading