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Amazon’s Antitrust Fair Play, a Transatlantic Evaluation

Vol: 41, Issue: 1, Page: 64-95
2020
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Article Description

For the first time after a century, antitrust law has been making headlines around the country. Amazon, among other technological giants, finds itself in the middle of a cyclone against economic power. This article joins the endeavor of several scholars to understand Amazon's conduct, but through a different lens. It tries to see the big picture of Amazon's relevant market of operation, it evaluates indirect and potential competition and reaches the conclusion that the legendary e-retailer has a weak monopoly, if not any monopoly power. Subsequently, the article assesses several doctrines that could sanction Amazon's market conduct through comparative legal research between American and European law to reach the conclusion that a broad interpretation of the current theory would have an adverse impact on social welfare. What if Amazon is a fair market player after all?

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