Connect with us

Published

on

FTC sues Amazon for illegally maintaining monopoly power

The Federal Trade Commission has filed its long-anticipated antitrust lawsuit against Amazon.

In a sweeping complaint filed in federal court in Seattle on Tuesday, the FTC and attorneys general from 17 states accused Amazon of wielding its “monopoly power” to inflate prices, degrade quality for shoppers and unlawfully exclude rivals, thereby undermining competition.

Amazon shares slid as much as 3% in afternoon trading.

The agency laid out a two-pronged strategy by which Amazon “unlawfully maintains” its monopoly power. It pointed to so-called anti-discounting measures the company uses to punish sellers and deter other online retailers from offering lower, more competitive prices than Amazon, which translates to keeping prices higher for products across the internet, the FTC said.

Amazon also “effectively requires” that sellers use its “costly” fulfillment services in order to obtain the vaunted Prime badge for their products, the FTC said, which in turn makes it more expensive to do business on the platform. Sellers are paying $1 of every $2 to Amazon, FTC Chair Lina Khan told reporters at a briefing Tuesday.

The FTC and states alleged that Amazon forces sellers to pay expensive fulfillment and advertising fees to market their goods on the site, while facing no other choice “but to rely on Amazon to stay in business.” These tactics have degraded the shopping experience on Amazon by flooding search results with “pay to play ads” that steer shoppers toward more expensive and less relevant products, Khan said.

Amazon CEO Andy Jassy speaks during the New York Times DealBook Summit in the Appel Room at the Jazz At Lincoln Center on November 30, 2022 in New York City. 

Michael M. Santiago | Getty Images

“The upshot here is that Amazon is a monopolist and it’s exploiting its monopolies in ways that leave shoppers and sellers paying more for worse service,” Khan said at the briefing. “In a competitive world, a monopoly hiking prices and degrading service would create an opening for rivals and potential rivals to come in, draw business, grow and compete, but Amazon’s unlawful monopolistic strategy has closed off that possibility, and the public is paying directly as a result.”

David Zapolsky, Amazon’s general counsel and senior vice president of global public policy, said in a statement that the FTC’s complaint is “wrong on the facts and the law.”

“The practices the FTC is challenging have helped to spur competition and innovation across the retail industry, and have produced greater selection, lower prices, and faster delivery speeds for Amazon customers and greater opportunity for the many businesses that sell in Amazon’s store,” Zapolsky said. “If the FTC gets its way, the result would be fewer products to choose from, higher prices, slower deliveries for consumers, and reduced options for small businesses—the opposite of what antitrust law is designed to do.”

The FTC didn’t lay out potential remedies such as a breakup or divestitures in its announcement, saying it is primarily seeking to hold Amazon liable. In the complaint, the FTC and states called for the court to prevent Amazon from continuing the alleged unlawful behavior and order “structural relief” to the extent necessary to resolve the harm. Structural relief tends to refer to remedies like breakups and divestments, that alter the business itself, rather than simply order it to discontinue a certain behavior.

Often in antitrust cases, a judge will rule on whether a company is liable for the alleged violations first. Only at that point will a separate proceeding to determine the proper remedies occur, should there be a finding of liability.

The lawsuit is a major milestone for Khan, who rose to prominence for her 2017 Yale Law Journal note, “Amazon’s Antitrust Paradox.” Khan argued in the article that the prominent antitrust framework at the time failed to capture the true extent of Amazon’s dominance and potential harm to competition. Through her work at the FTC, Khan has sought to reset that framework and push the boundaries of antitrust law through risky legal battles.

Lina Khan, Chairwoman of the Federal Trade Commission

Courtesy: FTC

Amazon sought Khan’s recusal from antitrust investigations into its business, arguing that her past writing and critiques showed she had prejudged the outcome of such probes.

The charges are the culmination of several years of pressure on federal enforcers to deal with what some competitors, sellers and lawmakers saw as anticompetitive practices. Amazon was one of four Big Tech companies investigated by the House Judiciary subcommittee on antitrust, which found it held monopoly power over most of its third-party sellers and many suppliers. The majority Democratic staff at the time alleged that Amazon shored up “competitive moats” by acquiring rival sites like Diapers.com and Zappos.

At the time, an Amazon spokesperson said in a statement that “large companies are not dominant by definition, and the presumption that success can only be the result of anti-competitive behavior is simply wrong.”

Founded by Jeff Bezos in Seattle in 1994, Amazon has transformed from an online bookseller into a retail, advertising and cloud computing giant with a staggering market valuation of roughly $1.4 trillion. The company has sought to expand its dominance by entering verticals like health care, streaming and grocery, acquiring primary-care provider One Medical, legendary film and television studio MGM, and upscale supermarket chain Whole Foods.

Those moves have attracted intense regulatory scrutiny. The House subcommittee report also accused Amazon of abusing its position in online retail to harm third-party merchants who rely on the platform to sell goods, and alleged it uses “strong-arm tactics” to bully retail partners. The FTC is also reviewing Amazon’s planned $1.7 billion acquisition of Roomba maker iRobot on antitrust grounds. Amazon recently paid roughly $30 million to settle two privacy lawsuits brought by the FTC concerning its Ring doorbell and Alexa units. The agency followed up in June with a lawsuit accusing Amazon of tricking users into signing up for Prime,  while making it too difficult for them to cancel.

Amazon’s marketplace has evolved into a linchpin of its e-commerce business. At the time of the marketplace’s launch in 2000, Amazon had already expanded beyond its origins as a bookseller to offering things like CDs and videos. But once it opened its doors to third-party sellers, it supercharged the number and variety of products for sale on its website, earning it the moniker “the everything store.”

The third-party marketplace has given Amazon access to a higher-margin business than just selling books. It has also increased the fees it charges sellers to do business on its site, run advertisements, and tap into its fulfillment and delivery services. In the first half of 2023, the company collected a 45% cut of every sale made by sellers in the U.S., up from 19% in 2014, according to the nonprofit Institute for Local Self Reliance. Sales from third-party sellers now comprise 60% of total units sold, the company recently disclosed.

Read the full complaint here:

A look inside Amazon's new $2.5 billion headquarters in Arlington, Virginia

Continue Reading

Technology

Anne Wojcicki has a new offer to take 23andMe private, this time for $74.7 million

Published

on

By

Anne Wojcicki has a new offer to take 23andMe private, this time for .7 million

Anne Wojcicki attends the WSJ Magazine Style & Tech Dinner in Atherton, California, on March 15, 2023.

Kelly Sullivan | Getty Images Entertainment | Getty Images

23andMe CEO Anne Wojcicki and New Mountain Capital have submitted a proposal to take the embattled genetic testing company private, according to a Friday filing with the U.S. Securities and Exchange Commission.

Wojcicki and New Mountain have offered to acquire all of 23andMe’s outstanding shares in cash for $2.53 per share, or an equity value of approximately $74.7 million. The company’s stock closed at $2.42 on Friday with a market cap of about $65 million.

The offer comes after a turbulent year for 23andMe, with the stock losing more than 80% of its value in 2024. In January, the company announced plans to explore strategic alternatives, which could include a sale of the company or its assets, a restructuring or a business combination. 

Read more CNBC tech news

23andMe has a special committee of independent directors in place to evaluate potential paths forward. The company appointed three new independent directors to its board in October after all seven of its previous directors abruptly resigned the prior month. The special committee has to approve Wojcicki and New Mountain’s proposal.

“We believe that our Proposal provides compelling value and immediate liquidity to the Company’s public stockholders,” Wojcicki and Matthew Holt, managing director and president of private equity at New Mountain, wrote in a letter to the special committee on Thursday.

Wojcicki previously submitted a proposal to take the company private for 40 cents per share in July, but it was rejected by the special committee, in part because the members said it lacked committed financing and did not provide a premium to the closing price at the time.

Wojcicki and New Mountain are willing to provide secured debt financing to fund 23andMe’s operations through the transaction’s closing, the filing said. New Mountain is based in New York and has $55 billion of assets under management, according to its website.

23andMe declined to comment.

WATCH: The rise and fall of 23andMe

The rise and fall of 23andMe

Continue Reading

Technology

Shares of Hims & Hers tumble 23% after FDA says semaglutide is no longer in shortage

Published

on

By

Shares of Hims & Hers tumble 23% after FDA says semaglutide is no longer in shortage

Hims & Hers

Shares of Hims & Hers Health tumbled more than 23% on Friday after the U.S. Food and Drug Administration announced that the shortage of semaglutide injection products has been resolved.

Semaglutide is the active ingredient in Novo Nordisk‘s blockbuster weight loss drug Wegovy and diabetes treatment Ozempic. Those medications are part of a class of drugs called GLP-1s, and demand for the treatments has exploded in recent years. As a result, digital health companies such as Hims & Hers have been prescribing compounded semaglutide as an alternative for patients who are navigating volatile supply hurdles and insurance obstacles.

Compounded drugs are custom-made alternatives to brand-name drugs designed to meet a specific patient’s needs, and compounders are allowed to produce them when brand-name treatments are in shortage. The FDA doesn’t review the safety and efficacy of compounded products.

Hims & Hers began offering compounded semaglutide to patients in May, and it owns compounding pharmacies that produce the medications.

Compounded medications are typically much cheaper than their branded counterparts. Hims & Hers sells compounded semaglutide for less than $200 per month, while Ozempic and Wegovy both cost around $1,000 per month without insurance.

Read more CNBC tech news

The FDA said Friday that it will start taking action against compounders for violations in the next 60 to 90 days, depending on the type of facility, in order to “avoid unnecessary disruption to patient treatment.”

“Now that the FDA has determined the drug shortage for semaglutide has been resolved, we will continue to offer access to personalized treatments as allowed by law to meet patient needs,” Hims & Hers CEO Andrew Dudum posted Friday on X. “We’re also closely monitoring potential future shortages, as Novo Nordisk stated two weeks ago that it would continue to have ‘capacity limitations’ and ‘expected continued periodic supply constraints and related drug shortage notifications.'”

Him & Hers’ weight loss offerings have been a massive hit with investors. Shares of the company climbed more than 200% last year, and the stock is already up more than 100% this year despite Friday’s move.

Even before it added compounded GLP-1s to its portfolio, the company said in its 2023 fourth-quarter earnings call that it expects its weight loss program to bring in more than $100 million in revenue by the end of 2025.

Despite the turbulent regulatory landscape, Hims & Hers has showed no signs of slowing down.

On Friday, the company announced it has acquired a U.S.-based peptide facility that will “further verticalize the company’s long-term ability to deliver personalized medications.” Hims & Hers will explore advances across metabolic optimization, recovery science, biological resistances, cognitive performance and preventative health through the acquisition, the company said.

That move comes just days after Hims & Hers also bought Trybe Labs, the New Jersey-based at-home lab testing facility. Trybe Labs will allow Hims & Hers to perform at-home blood draws and more comprehensive pretreatment testing.

Hims & Hers did not disclose the terms of either deal.

WATCH: Hims & Hers Super Bowl ad sparks controversy

Hims & Hers Super Bowl ad sparks controversy

Continue Reading

Technology

Tesla recalls more than 375,000 vehicles in U.S. due to failing power-assisted steering systems

Published

on

By

Tesla recalls more than 375,000 vehicles in U.S. due to failing power-assisted steering systems

Tesla models Y and 3 are displayed at a Tesla dealership in Corte Madera, California, on Dec. 20, 2024.

Justin Sullivan | Getty Images

Tesla is voluntarily recalling 376,241vehicles in the U.S. to correct an issue with failing power-assisted steering systems, according to records posted to the website of the U.S. National Highway Traffic Safety Administration.

In a safety recall report posted on the NHTSA website, Tesla said the recall includes Model 3 and Model Y vehicles that were manufactured for sale in the U.S. from Feb. 28, 2023, to October 11, 2023, and that were equipped with a certain older software release.

The records said printed circuit boards in the steering systems in affected vehicles could become overstressed, causing the power-assist steering to fail in some cases when a Tesla vehicle rolled to a stop and then accelerated.

When electronic power-assist steering systems fail in a Tesla, drivers need to exert more force to steer their cars, which can increase the risk of a collision.

Read more CNBC tech news

Tesla told the vehicle safety regulator that it was not aware of any crashes, injuries or deaths related to the power steering failures, and that it was offering an over-the-air software update as a remedy.

The recall follows an earlier related probe and voluntary recall in China concerning the same systems.

President Donald Trump has appointed Tesla CEO Elon Musk to lead a team that is slashing the federal government workforce, and in some cases, regulations and entire agencies. Those cuts already affected the NHTSA, an agency Musk has long seen as standing in the way of some of his ambitions at Tesla.

The regulator has been engaged in a yearslong investigation into safety defects in the systems that Tesla markets currently as its Autopilot and Full Self-Driving (Supervised) options. The features do not make Tesla cars into robotaxis. They require a human driver ready to steer or brake at any time.

The Washington Post reported on Thursday that Musk’s team has led mass firings at the NHTSA, reducing the agency’s workforce and capacity to investigate companies including Tesla by about 10%.

Tesla didn’t respond to a request for comment.

WATCH: Tesla stock hinges on new vehicles being introduced

Tesla stock hinges on new vehicles being introduced, says Canaccord's  George Gianarikas

Continue Reading

Trending