The Competition Appeal Tribunal is currently assessing a collective proceedings order application against Amazon, initiated by Robert Hammond on behalf of UK purchasers of products from Amazon Marketplace between October 2015 and June 2023.
Hammond alleges that Amazon unfairly favored its own products and those of third-party sellers using its logistics service, Fulfilled by Amazon, allegedly overcharging consumers. The claim argues that this practice breached competition laws by discouraging price competition and manipulating consumer choice.
Hammond, representing affected purchasers, seeks authorization to proceed with the claim, inviting all eligible individuals to participate unless they opt out. The Tribunal’s decision, anticipated after a hearing in September 2024, will determine whether the collective claim against Amazon can proceed.
This notice announces your right to take part in the Tribunal’s consideration of the CPO application, to determine whether the proposed collective claim should move forward, by sending your written observations and/or applying to be heard at the upcoming hearing, scheduled to begin on 25 September 2024.
Any person with an interest (including any proposed class member) can provide written objections to the CPO application and/or seek to make oral observations at the hearing.
Please read the public notice below for more information and detailed instructions on participating:
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COMPETITION APPEAL TRIBUNAL CASE No. 1595/7/7/23
COLLECTIVE PROCEEDINGS COMPETITION CLAIM AGAINST AMAZON FOR ALLEGED OVERCHARGING CAUSED BY ALLEGED FAVOURING OF AMAZON RETAIL AND THIRD-PARTY SELLERS WHO USED AMAZON’S LOGISTICS SERVICE “FULFILLED BY AMAZON” IN THE UK BETWEEN 1 OCTOBER 2015 AND NO LATER THAN 7 JUNE 2023
CPO Application and Hearing
Your opportunity to comment on the collective legal claim brought against Amazon by Robert Hammond on behalf of purchasers of products on Amazon Marketplace
This is a legal notice that has been issued at the direction of the Competition Appeal Tribunal.
The Competition Appeal Tribunal (the “Tribunal”) is considering an application for a collective proceedings order (“CPO”) in relation to alleged infringements of competition law by Amazon.com, Inc, Amazon Services Europe S.à.r.l., Amazon EU S.à.r.l., Amazon Europe Core S.à.r.l. and Amazon UK Services Ltd (together “Amazon”). This order allows many individual claims, which have characteristics in common that make a ‘class’, against Amazon to be heard together as one single claim. If you bought a product from Amazon, you may qualify to be a part of the claim.
The claim was launched on 7 June 2023 by Mr. Robert Hammond (the “Class Representative”) on behalf of millions of purchasers of products on Amazon.co.uk. Mr. Hammond is an experienced consumer advocate and will bring the claim on behalf of the affected purchasers who may have suffered loss. Mr Hammond previously worked as a solicitor and part-time law lecturer for ten years before becoming a Director at Citizens Advice. Mr Hammond is seeking to be authorised as the class representative for the proposed claim. If authorised and if the claim is allowed to proceed, he would conduct the claim against Amazon on behalf of all proposed class members except those who choose to opt out (for which see further below).
Claim Summary
The claims allege that Amazon promotes its own products and the products of third- party sellers on its platform who use Amazon’s own logistics service Fulfilled by Amazon (“FBA”). Both Amazon and some of its third-party sellers use FBA (collectively “FBA Sellers”). It is alleged that Amazon preferentially promoted FBA Sellers on its platform, in particular through the Amazon “Buy Box”, which allegedly diverted consumers from equally efficient and lower priced non-FBA offers and reduced the incentive for FBA Sellers to compete on price with the result that consumers pay more than they would otherwise have had to pay for FBA Sellers’ products.
It is alleged that the alleged preferential promotion of the products and offers of its FBA sellers by Amazon amounts to an abuse of its position of dominance on the relevant markets in breach of the prohibition in Article 102 of the Treaty on the Functioning of the European Union (“Article 102 TFEU”) and/or section 18 of the UK Competition Act 1998 (the “Chapter II Prohibition”).
The Class
The proposed claim includes all persons who are consumers and who purchased at least one product from Amazon’s UK based e-commerce marketplace at Amazon.co.uk between at least 1 October 2015 and no later than 7 June 2023, including the personal representatives or administrators (where appointed) of such purchasers who are deceased at the date of the granting of the Collective Proceedings Order which is being sought by Mr Hammond.
If the Tribunal allows the proposed claim to proceed, all persons who meet the above criteria and who are domiciled in the United Kingdom on the date of domicile to be determined by the Tribunal will be included in the Proposed Collective Proceedings and will be bound by the result unless they choose to opt-out by a specified date. It is proposed that all would-be Class Members who are not domiciled in the United Kingdom will be able to opt-in to the Proposed Collective Proceedings.
This announcement highlights your right to take part in the Tribunal’s consideration of the CPO application by sending your written observations and/or applying to be heard at a hearing.
Further details can be found on the Tribunal’s website at www.catribunal.org.uk and the dedicated claim website at www.claimagainstamazon.com.
Hearing of the CPO Application
The hearing has been set for 25 and 26 September 2024, and potentially the 27 September 2024 which is currently held in reserve in case it is also needed, to determine whether the proposed collective claim can go ahead. The hearing will take place at the Competition Appeal Tribunal, Salisbury Square House, 8 Salisbury Square, London EC4Y 8AP.
Any person with an interest (including any proposed class member) can provide written objections to the CPO application and/or seek to make oral observations at the hearing. To do so, you need to write to the Tribunal at the below address by post, by 4pm on 9 August 2024. When writing, you must include the reference: “Case No. 1595/7/7/23”.
The Registrar
Competition Appeal Tribunal
Salisbury House
8 Salisbury Square London EC4Y 8AP
Fax: 020 7979 7978