The Commission said in a statement that it will focus its investigation on certain clauses included in Amazon’s contracts with publishers.
These clauses require publishers to inform Amazon about more favourable or alternative terms offered to Amazon’s competitors and/or offer Amazon similar terms and conditions made available to its competitors, or through other means ensure that Amazon is offered terms at least as good as those for its competitors.
The Commission has expressed concerns that such clauses may make it more difficult for other e-book distributors to compete with Amazon by developing new and innovative products and services. The Commission will also investigate whether such clauses may limit competition between different e-book distributors and may reduce choice for consumers.
If confirmed, such behaviour could violate EU antitrust rules that prohibit abuses of a dominant market position and restrictive business practices.
The EU explained that the opening of proceedings does not prejudge in any way the outcome of the investigation.
“Amazon has developed a successful business that offers consumers a comprehensive service, including for e-books”, said EU Commissioner in charge of competition policy Margrethe Vestager, adding: “Our investigation does not call that into question. However, it is my duty to make sure that Amazon’s arrangements with publishers are not harmful to consumers, by preventing other e-book distributors from innovating and competing effectively with Amazon. Our investigation will show if such concerns are justified.”