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Re:California sues Amazon for preventing 3rd-party sellers b... by jjeaff on Friday September 16, 2022 @11:25AM (#32867359)
I hope California wins this. This is such a frustrating thing that Amazon does enforce. They will ban you if they find out you are selling the same item for cheaper on your own website or on eBay.

To me, this is akin to the credit card companies disallowing a discount for paying with cash/check. Which was made illegal. Though I'm not sure if by law or legal case.

Re:California sues Amazon for preventing 3rd-party sellers b... by jandrewrogers on Friday September 16, 2022 @04:24PM (#32871571)
Terms like this are not uncommon in vendor contracts generally, it is not specific to Amazon. It is often a point of negotiation and the details are specific to product categories. There are also common strategies for working around or minimizing the practical impact of these kinds of terms if you are the vendor. I've dealt with these kinds of terms for decades and I've never sold anything on Amazon.

A factor here is that many vendors on Amazon, even major household brands, are surprisingly unsophisticated about how they structure their business with Amazon. I know someone whose entire business is helping major brands structure their Amazon business correctly to get what they want out of that relationship. They are overwhelmed with new work from companies that you'd think would be competent to do this themselves.

Re:California sues Amazon for preventing 3rd-party sellers b... by MisterBastahrd on Friday September 16, 2022 @12:46PM (#32868775)
I think any manufacturer will tell you that one of the worst ways to do business is to sell your product for less than you're listing it in the storefronts of companies willing to buy from you for retail. If you're going to undercut your business partners, they will find someone else to do business with.

Most manufacturers with their own storefronts won't discount product unless they've allowed it in other storefronts and / or until the product has been discontinued. Don't bite the hand that feeds you.

On the other hand, Amazon enforcing this as a rule is sort of ass-backwards.

I remember a 2007ish USSC case that utterly changed the premium cigar market because it allowed manufacturers to enforce MSRP against gigantic volume discounters, which raised prices across the board overnight but also gave the manufacturers breathing room when it came to their own profit.

Re:California sues Amazon for preventing 3rd-party sellers b... by gmadsen on Friday September 16, 2022 @01:05PM (#32869011)
the difference is that amazon is an online monopoly with insane fees on sellers. Forcing them to use the pricing on amazon elsewhere, ensures people buy it on amazon, and ensures amazon can continue to bleed sellers for however much they deem appropriate.
Re:California sues Amazon for preventing 3rd-party sellers b... by wiremonger on Friday September 16, 2022 @01:32PM (#32869391)
> with insane fees on sellers

We sell on Amazon. The fees are not insane. It varies by category, but typically they range from 10-15%. Amazon brings tons of value to the relationship, so we're happy to pay that fee.

Re:California sues Amazon for preventing 3rd-party sellers b... by theturtletalks on Friday September 16, 2022 @02:10PM (#32869907)
10-15% could be 50-60% profit for most sellers. Sure they’re beneficial to you now, but what happens when Amazon starts private labeling the same things you sell? Or your supplier starts selling on Amazon and undercutting you? There’s a reason new DTC brands avoid Amazon and that’s cause you’re not building a customer base or your brand, just helping Amazon build there’s.
Re:California sues Amazon for preventing 3rd-party sellers b... by NickC25 on Friday September 16, 2022 @02:59PM (#32870545)
>There’s a reason new DTC brands avoid Amazon and that’s cause you’re not building a customer base or your brand, just helping Amazon build there’s.

THIS X10000! Happened to a colleague of mine not too long ago. She developed a product, and sold on Amazon as well as her own storefront. As soon as she started seeing solid volume on Amazon, her product became an "Amazon preferred product" or something like that. However, within 2 weeks of getting that distinction, her sales dropped to 0 on Amazon. Why? Amazon started selling a nearly identical product - Amazon used the sales data to understand her product was popular, and went right to her supplier and cut her out of the equation.

Amazon does this constantly.

Re:California sues Amazon for preventing 3rd-party sellers b... by scarby2 on Friday September 16, 2022 @03:39PM (#32871013)
> Amazon used the sales data to understand her product was popular, and went right to her supplier and cut her out of the equation.

This is not a new thing either. Or unique to amazon. This has been going on for decades (or as long as retailers have had own label products). Every Walmart/safeway/target/kroger branded product is essentially a clone of somebody else's product that they figured out they could do cheaper.

Years ago my MiL was selling her baked goods directly to a local grocery chain. They then decided to bring baking in house and came out with an almost identical product line.

If you have a product that is easily copied/reproduced (and not patentable) then a retailer can remove your margin by doing it themselves and in this case your value becomes the brand/brand recognition and not the product itself.

Re:California sues Amazon for preventing 3rd-party sellers b... by wiremonger on Friday September 16, 2022 @03:40PM (#32871016)
> 10-15% could be 50-60% profit for most sellers.

Yup. Amazon provides an extremely valuable service to us: they provide a stream of customers who are at the end of the sales funnel and ready to convert because they trust Amazon's platform.

> What happens when Amazon starts private labeling the same things you sell? Or your supplier starts selling on Amazon and undercutting you?

This is going to blow your mind, but we compete against both Amazon Basics and our factory.

We compete with Amazon Basics by selling a differentiated product. Amazon will never be able to compete in every product niche and at every level of quality/differentiation. It's actually not possible for the same reason that a centrally planned economy breaks down above a certain level of complexity: there are simply too many different niches that need to be addressed and the profit motive is the only system we've discovered which ensures that they get addressed.

And we compete with our supplier by understanding the market better. They're good at manufacturing, but they don't really understand the end user. The type of personality that is good at operating a factory tends not to be the type of personality that is good at marketing. HN doesn't really like to hear this, but sales and marketing are actually an important part of running a business, especially one that sells to consumers.

Re:California sues Amazon for preventing 3rd-party sellers b... by philistine on Friday September 16, 2022 @06:03PM (#32872579)
So you’re one good hire away from losing your business. I’d be sure to differentiate and have other venues for revenue.
Re:California sues Amazon for preventing 3rd-party sellers b... by wiremonger on Saturday September 17, 2022 @09:06PM (#32883342)
By your theory, any business with suppliers or retail customers is one hire away from extinction. But we don’t actually see all that much of this kind of competition out in the real world. There is a reason that firms specialize: the size and organization of a firm is tied pretty tightly to the kinds of activities that pay the bills and manufacturing is very different from sales and marketing is very different from running an online retail marketplace.
Re:California sues Amazon for preventing 3rd-party sellers b... by lotsofpulp on Friday September 16, 2022 @03:39PM (#32871012)
>the difference is that amazon is an online monopoly with insane fees on sellers

It is very easy for me to not type Amazon.com and type any other website address. In fact, I am easily able to avoid Amazon for any non garbage goods I’m looking for. I can even go to eBay.com or aliexpress.com if I want equivalent garbage sold on Amazon.com

I struggle to see how it is a monopoly in any sense. On the seller side, they can choose to use USPS/FedEx/UPS to ship.

Re:California sues Amazon for preventing 3rd-party sellers b... by themagician on Friday September 16, 2022 @04:20PM (#32871518)
It's easy for you, but not for others.

And if you make a product getting it off Amazon is basically impossible, so it's in your interest to use it and maintain your own listings. If you don't, someone else will.

Re:California sues Amazon for preventing 3rd-party sellers b... by lotsofpulp on Friday September 16, 2022 @07:40PM (#32873423)
Surely it is easy enough to be able to expect people to become literate enough in using computers and the internet to search and visit different websites.

We expect people to learn how to read, how to drive, how to do basic math, I do not see why the line would be drawn before learning how to go to different URLs or using a search website.

> And if you make a product getting it off Amazon is basically impossible, so it's in your interest to use it and maintain your own listings. If you don't, someone else will.

This is a not so easy issue, but if the problem is counterfeits, then the government should pursue that.

Re:California sues Amazon for preventing 3rd-party sellers b... by dh2022 on Saturday September 17, 2022 @12:25PM (#32878759)
I struggle to see how hard is for someone to type Ebay.com in a browser....
Re:California sues Amazon for preventing 3rd-party sellers b... by themagician on Friday September 16, 2022 @04:11PM (#32871427)
Was 100% true years ago. Now it's less so.

With Amazon, as with local retail, there are people who are willing to pay more simply for the convenience. Elasticity varies by category and item, of course, but people would be surprised just how many manufactures do undercut retailers and distributors that they sell to.

Part of this is that retail has tried to maintain its >50% margin for items that it doesn't even sell in store anymore. Manufactures know this and effectively cut their discount by selling an item $10 themselves, while only giving the retailer 40% discount. Retail still wants their >50% margin, so they will sell that same item for $11 both online and at B&M. In many cases this actually works out well for everyone. You would think that everyone would just buy direct and save a dollar, but you'd be surprised how many people want the convenience or simply have loyalty to a retailer for some reason.

Re:California sues Amazon for preventing 3rd-party sellers b... by wiremonger on Friday September 16, 2022 @01:44PM (#32869538)
But Amazon isn't doing this so that they can make the other retailer's customers pay more. They're doing it to make sure their own customers pay the lowest price that prevails in the marketplace. It's just that this is the only mechanism they have for accomplishing that. Amazon can't control what a seller does elsewhere, but if a product is on sale elsewhere, they can basically tell the seller that they refuse to list it on Amazon unless the seller reduces the price to match the other retailer.

So far most of the discussion is about pricing on Amazon vs. other retailers, but Amazon also does this between sellers of the same product on Amazon. If there are multiple sellers of the same product, Amazon will funnel their customers to the seller offer with the lowest price. The jargon term for this is "getting the buy box".

Re:California sues Amazon for preventing 3rd-party sellers b... by barelysapient on Friday September 16, 2022 @01:52PM (#32869646)
> But Amazon isn't doing this so that they can make the other retailer's customers pay more. They're doing it to make sure their own customers pay the lowest price that prevails in the marketplace. It's just that this is the only mechanism they have for accomplishing that. Amazon can't control what a seller does elsewhere, but if a product is on sale elsewhere, they can basically tell the seller that they refuse to list it on Amazon unless the seller reduces the price to match the other retailer.

Nonsense. Selling on Amazon takes a 18-33% markup on the price of the product. Amazon forces this margin consumers by requiring sellers to not sell cheaper elsewhere; even though selling elsewhere may cost the seller less.

Re:California sues Amazon for preventing 3rd-party sellers b... by wiremonger on Friday September 16, 2022 @03:10PM (#32870665)
> Selling on Amazon takes a 18-33% markup on the price of the product. Amazon forces this margin consumers by requiring sellers to not sell cheaper elsewhere

Amazon charges a referral fee on all 3rd party transactions. It varies by category, but is typically 8-15%. All retailers take similar margins. For instance, the largest retailer in the US is Walmart. Here is a list of their 3rd party referral fees: https://marketplace.walmart.com/referral-fees/.

Given that the retailers all take similar margins, I think it's crazy to somehow paint this as Amazon forcing a markup on customers. All Amazon is doing is refusing to show products if the price on Amazon is higher than at a competitor. It's the seller who chooses what to do about that. They can either raise the price at the competitor, or they can lower the price on Amazon.

Again, the retailer's margins are similar, so it shouldn't matter.

Re:California sues Amazon for preventing 3rd-party sellers b... by barelysapient on Friday September 16, 2022 @03:45PM (#32871081)
Fees are even less if they sell direct on Ebay or Shopify.

> Given that the retailers all take similar margins, I think it's crazy to somehow paint this as Amazon forcing a markup on customers. All Amazon is doing is refusing to show products if the price on Amazon is higher than at a competitor. It's the seller who chooses what to do about that. They can either raise the price at the competitor, or they can lower the price on Amazon.

Think of it this way: If that was the case, then why does Amazon require them to sell it for the lowest price on Amazon?

Amazon has a dominant market position, extracting more margin then competitors, yet they engage in this anti-competitive and consumer damaging behavior of requiring sellers to sell products at low or below cost in order to 'play' on the amazon.com marketplace.

Shameful.

Re:California sues Amazon for preventing 3rd-party sellers b... by wiremonger on Friday September 16, 2022 @03:51PM (#32871161)
> Fees are even less if they sell direct on Ebay or Shopify.

eBay charges similar fees: https://www.ebay.com/help/selling/fees-credits-invoices/sell...

Shopify is not a meaningful comparison, since it is not a marketplace. They don't bring customers to you. They're essentially a hosting and payments provider. You have to get traffic yourself.

> yet they engage in this anti-competitive and consumer damaging behavior of requiring sellers to sell products at low or below cost

Is your position that they are increasing the prices consumer pay or that they're decreasing them?

Re:California sues Amazon for preventing 3rd-party sellers b... by dh2022 on Saturday September 17, 2022 @12:21PM (#32878725)
Re: "consumer damaging behavior of requiring sellers to sell products at low or below cost in order to 'play' on the amazon.com marketplace."

How does this damage the consumer?

Re:California sues Amazon for preventing 3rd-party sellers b... by CogitoCogito on Friday September 16, 2022 @01:50PM (#32869632)
> But Amazon isn't doing this so that they can make the other retailer's customers pay more. They're doing it to make sure their own customers pay the lowest price that prevails in the marketplace.

Those two statements sound like the same thing from different perspectives.

Re:California sues Amazon for preventing 3rd-party sellers b... by AbrahamParangi on Friday September 16, 2022 @01:56PM (#32869709)
But by doing so they raise the price which prevails in the marketplace to their benefit and at a cost to consumers.
Re:California sues Amazon for preventing 3rd-party sellers b... by wiremonger on Friday September 16, 2022 @03:14PM (#32870715)
They (as in, Amazon) are not setting prices. The 3rd party sellers decide what the prices are: they can either lower the price on Amazon or raise the price at the other retailer. Amazon doesn't really care; they just want to sell stuff and take their cut. And ensure that customers don't develop a habit of price shopping everything after they do all their research on Amazon.
Re:California sues Amazon for preventing 3rd-party sellers b... by AbrahamParangi on Friday September 16, 2022 @05:57PM (#32872511)
By insulating themselves from price competition they indirectly increase prices seen by consumers.

Consider the counterfactual case: if there was an Amazon competitor with higher efficiency they could compete by offering a lower take-rate. Sellers could then sell the same product with the same margin at a lower price, and buyers would benefit from those lower prices.

Instead, Amazon is using its market power to prevent alternative stores from competing with it on price by hamstringing sellers. This means that while the sellers’ margin is exposed to competitive pressure, Amazon’s margin is not. And that means higher prices.

Re:California sues Amazon for preventing 3rd-party sellers b... by wiremonger on Friday September 16, 2022 @08:12PM (#32873598)
Counterfactual is a good term for the scenario you described since it is counter to the actual facts in this situation, which are that Amazon's referral fees are in line with all the other marketplaces and it's the 3rd party sellers who are setting prices, not Amazon.
Re:California sues Amazon for preventing 3rd-party sellers b... by AbrahamParangi on Saturday September 17, 2022 @02:09AM (#32875179)
Does it seem relevant that other marketplaces with lower marketshare can't reduce their take-rate to lower consumer costs and gain marketshare because sellers would have to raise their prices a corresponding amount if they want to stay on Amazon?
Re:California sues Amazon for preventing 3rd-party sellers b... by wiremonger on Saturday September 17, 2022 @08:59PM (#32883294)
How would another marketplace lowering their referral fee cause sellers to raise their prices? They can either keep the extra margin at the marketplace with the lower fees, or they can reduce their prices at Amazon.
Re:California sues Amazon for preventing 3rd-party sellers b... by legitster on Friday September 16, 2022 @12:37PM (#32868629)
Is this unique to Amazon though? If you are Safeway, you wouldn't be happy if Nabisco started selling crackers half-price from their warehouse down the street.

In most industries, MSRP agreement rules are pretty tightly enforced. California winning this case seems like it could make for a weird precedent.

Re:California sues Amazon for preventing 3rd-party sellers b... by ceph_ on Friday September 16, 2022 @02:23PM (#32870078)
The proper analogy would be Safeway forbidding Nabisco from letting their products be sold cheaper at any other supermarket. Which is ridiculous.
Re:California sues Amazon for preventing 3rd-party sellers b... by legitster on Friday September 16, 2022 @03:45PM (#32871078)
I worked for Frito-Lay for several years and you better believe that's how supermarkets work. More than once I've been called in the middle of the night to a store to rip down an endcap of chips because the store got undercut by another (and in their defense, why would they give us valuable floor space on a promotion that won't sell).

I think though as comparison that the power dynamic is flipped. Exclusivity agreements usually were to the benefit of the store (against big brands at least). But against the small brands on Amazon, they favor Amazon.

Re:California sues Amazon for preventing 3rd-party sellers b... by ComputerGuru on Friday September 16, 2022 @03:12PM (#32870688)
Yet that happens all the time. I've heard stories of companies going bankrupt after retail giant X learned competitor Y was selling their product for less, in breach of their contract (feel free to replace "contract" with Amazon ToS).
Re:California sues Amazon for preventing 3rd-party sellers b... by tarakat on Friday September 16, 2022 @12:59PM (#32868946)
No business is happy with competition. That doesn't make contractual collusion any less anti-competitive. If it is, as you allege, the norm, that only makes dealing with it more urgent.
Re:California sues Amazon for preventing 3rd-party sellers b... by legitster on Friday September 16, 2022 @01:07PM (#32869043)
The FTC considers certain exclusivity contracts as pro-competitive:

https://www.ftc.gov/advice-guidance/competition-guidance/gui...

Re:California sues Amazon for preventing 3rd-party sellers b... by insane_dreamer on Friday September 16, 2022 @01:14PM (#32869127)
But exclusivity contracts is not what's in question here, which preclude you from selling elsewhere (as opposed to selling elsewhere but at a lower price). Also exclusivity contracts usually come with minimum volume commitments (since you're locked in). That's quite different than third-party sellers on Amazon.

And it usually has to do with brand perception. Nordstrom doesn't want you selling that same product at Target because it devalues the brand.

Re:California sues Amazon for preventing 3rd-party sellers b... by wbsss4412 on Friday September 16, 2022 @01:28PM (#32869327)
To add, both parties usually get additional value out of an exclusivity deal, which is why they voluntarily enter into an arrangement.

In the case of Amazon though (and I caveat this with the fact that I’m not aware of the full details) this is about being able to sell on Amazon at all, there are no extra perks involved for the sellers.

Re:California sues Amazon for preventing 3rd-party sellers b... by legitster on Friday September 16, 2022 @03:36PM (#32870973)
Based on the details of the suit and the anecdotes here though, it doesn't sound like Amazon actually drops the product. They withhold it from One Click or reduce its listing.

The analogy in a retail setting might be losing your signage or being yanked from a good location.

Re:California sues Amazon for preventing 3rd-party sellers b... by tarakat on Friday September 16, 2022 @03:44PM (#32871066)
> being yanked from a good location

"Reducing the listing" can potentially mean being pushed to page 23 of search results. In retail, that would be equivalent to never leaving the warehouse, available only upon specific request by a customer.

Re:California sues Amazon for preventing 3rd-party sellers b... by insane_dreamer on Friday September 16, 2022 @03:35PM (#32870962)
Absolutely -- usually the value for the seller is a guaranteed (depending on exact terms) minimum volume of sales through a successful channel.
Re:California sues Amazon for preventing 3rd-party sellers b... by tshaddox on Friday September 16, 2022 @02:43PM (#32870359)
Right. The law isn't saying that they have to be happy about it.
Re:California sues Amazon for preventing 3rd-party sellers b... by kgwgk on Friday September 16, 2022 @01:40PM (#32869493)
The role of Amazon corresponds neither to Safeway nor Nabisco in your example.
Re:California sues Amazon for preventing 3rd-party sellers b... by rajeshp1986 on Friday September 16, 2022 @03:16PM (#32870733)
Its NOT! Even Walmart, Costco & other retailers enforce this on sellers. Sounds like California going after Amazon & Bigtech.
Re:California sues Amazon for preventing 3rd-party sellers b... by josefresco on Friday September 16, 2022 @12:54PM (#32868890)
Is this a new policy? I sold a physical product on Amazon for several years and always had it listed for cheaper on my own website. No issues - maybe I was too small to bother with?
Re:California sues Amazon for preventing 3rd-party sellers b... by themagician on Friday September 16, 2022 @04:02PM (#32871298)
Amazon typically only enforces this when you are using Amazon FBA to fulfill from your own website.
Re:California sues Amazon for preventing 3rd-party sellers b... by atdrummond on Friday September 16, 2022 @01:44PM (#32869537)
I always thought if it was a DTC CPG your own site was allowed to offer it any price point. I only saw the restriction kick in on other marketplaces.
Re:California sues Amazon for preventing 3rd-party sellers b... by allocs on Friday September 16, 2022 @12:05PM (#32868111)
Genuinely asking, why is this bad (for either example)?
Re:California sues Amazon for preventing 3rd-party sellers b... by thayne on Friday September 16, 2022 @12:13PM (#32868246)
I can think of two reasons:

1. It hinders competition. You can't really provide a marketplace thay competes with Amazon by having lower prices (for example by taking a smaller cut from sellers), because sellers aren't allowed to list lower prices on your marketplace. Or alternatively, you can't compete by selling directly from you website, because you can't offer a lower price than on Amazon.

2. It means even if you buy directly from the seller, you have to pay a higher price because it is listed on Amazon. In effect people who bu directly are subsidizing a lower price for people who buy on Amazon. This applies to the credit card case as well.

Re:California sues Amazon for preventing 3rd-party sellers b... by cortesoft on Friday September 16, 2022 @12:52PM (#32868859)
On the other hand, as a shopper, I like knowing that the price I see on Amazon is the lowest price I can find the item. I don’t want to have to check the price of every item on the manufacturers site to see if I can get it cheaper there.

Just imagine I want to by a widget, and there are many manufacturers. I can search on Amazon, and get all of the prices for all the manufacturers right in one place, and I know that each price I see is the cheapest. I don’t have to search for 10 different manufacturer websites and check each price. I can just sort by it, and then one click buy.

I understand the anticompetitive concerns, but there is also a big advantage for consumers to be able to have a single market that has the lowest prices available and easy ordering.

Re:California sues Amazon for preventing 3rd-party sellers b... by onepointsixC on Friday September 16, 2022 @01:14PM (#32869135)
You prefer Amazon to dictate the floor price of something for the purpose of convenience? If you prefer to use Amazon, fine, but your choice shouldn't get to dictate to everyone else that there's no better deal else where. Amazon isn't getting you a better deal here, it's making sure there's no better deal else where.
Re:California sues Amazon for preventing 3rd-party sellers b... by axiolite on Friday September 16, 2022 @02:00PM (#32869765)
> I like knowing that the price I see on Amazon is the lowest price I can find the item.

Yeah, but it isn't. I suggest you at least check the price on eBay before you buy from Amazon, if not Froogle and Walmart.

Amazon's anti-competitive behavior here ONLY applies to a single seller, NOT to a manufacturer or a specific product. So while "Steve's Discount Stereo" can't sell that stereo for a lower price outside of Amazon, "Dave's Discount Stereo" certainly can.

Re:California sues Amazon for preventing 3rd-party sellers b... by scarby2 on Friday September 16, 2022 @03:48PM (#32871120)
does this apply when both dave's discount stereo and steve's discount stereo are subsidiaries of the "Dave Steve Stereo Corporation"?

Maybe they both outsource inventory and order processing to the parent company only having distinct sales and marketing.

Re:California sues Amazon for preventing 3rd-party sellers b... by mentalpiracy on Friday September 16, 2022 @01:26PM (#32869293)
I agree that it would be great as a consumer, but Amazon isn’t offering anyone an honest list of those widget prices.

If I am a widget manufacturer, selling on Amazon means I am no longer competing for your purchase with just my market peers. On some level, I am now competing against all listings in that category, including grey market resellers because Amazon doesn’t police for shit.

Re:California sues Amazon for preventing 3rd-party sellers b... by Symbiote on Friday September 16, 2022 @01:04PM (#32869000)
Sites like Pricerunner compare prices from many online shops.
Re:California sues Amazon for preventing 3rd-party sellers b... by tchalla on Friday September 16, 2022 @01:17PM (#32869176)
Yes there are many times big advantages to the individuals which aren’t allowed by law nor should it be.
Re:California sues Amazon for preventing 3rd-party sellers b... by idontpost on Friday September 16, 2022 @01:30PM (#32869363)
> I don’t want to have to check the price of every item on the manufacturers site to see if I can get it cheaper there.

No one is forcing you to comparison shop. You're trying to take freedom from others so you can financially justify being lazy.

> I understand the anticompetitive concerns, but there is also a big advantage for consumers to be able to have a single market that has the lowest prices available and easy ordering.

Not when that "lowest price available" is now inflated from what it would have been. Consumers lose because now they pay higher prices than they otherwise would have.

Re:California sues Amazon for preventing 3rd-party sellers b... by LatteLazy on Friday September 16, 2022 @12:20PM (#32868354)
Surely it encourages competition: Since the cost cannot just be passed onto consumers, the company making the decision over where to list has an incentive to actually consider other options?

Also, the only reason we want competition is because it should get lower prices for consumers. Competition isn't a good in and of itself, it's just a means to an end. So if more competition means higher prices for the same goods, then who needs it?

I don't quite get your second point: if the consumer is paying the same price, why do they care whether 100% goes to the supplier, or 99% or 0.01? If an item costs me 10USD, I don't care who get's that money, I just care that I don't get to keep it right

Re:California sues Amazon for preventing 3rd-party sellers b... by stetrain on Friday September 16, 2022 @12:37PM (#32868631)
This rule doesn’t just mean they can’t raise prices on Amazon, it means they can’t lower prices elsewhere.

If another marketplace takes a lower cut, allowing the seller to set a lower price while keeping margins, they can’t do so under this arrangement without taking a hit on Amazon sales.

The market should be encouraging finding the lowest-margin distribution path, not artificially propping up prices elsewhere to match Amazon’s margins.

Re:California sues Amazon for preventing 3rd-party sellers b... by thayne on Friday September 16, 2022 @03:09PM (#32870657)
> why do they care whether 100% goes to the supplier, or 99% or 0.01? If an item costs me 10USD, I don't care who get's that money, I just care that I don't get to keep it right

But you care if it costs you $10 instead of $9. My point is that Amazon's rules means the price is higher for everyone, in order to cover Amazon's fees. Without them, if you are willing to buy from somewhere less convenient than amazon, you can get a better price.

Re:California sues Amazon for preventing 3rd-party sellers b... by keb_ on Friday September 16, 2022 @12:36PM (#32868625)
> Also, the only reason we want competition is because it should get lower prices for consumers.

That is not the only reason free market capitalists want competition. Competition should also promote a variety of choice, innovation, and dynamism in other services to consumers, not just low product prices.

Re:California sues Amazon for preventing 3rd-party sellers b... by frogblast on Friday September 16, 2022 @12:14PM (#32868265)
Because Amazon can arbitrarily raise the prices of goods sold at Amazon, and have no concern about being undercut.

For example, you are selling a Widget for $20. Amazon says "we'll take $10 of that ourselves". You can sell your Widget elsewhere at lower overhead, but you can't pass those savings on to the buyer, which means the buyer has no incentive to shop elsewhere, which means there are no market forces encouraging Amazon to reduce their cut.

There are also no market forces preventing Amazon from increasing their cut. Tomorrow, they'll want $15 of that $20.

Re:California sues Amazon for preventing 3rd-party sellers b... by tehlike on Friday September 16, 2022 @12:11PM (#32868213)
Amazon charges money, say 5% of transaction value.

If an item is 100$, seller gets 95.

Ok their own website, noone takes a cut, all money goes to seller.

In this case they might want to sell for 98$, and then both customer and seller wins.

Re:California sues Amazon for preventing 3rd-party sellers b... by lots2learn on Friday September 16, 2022 @12:38PM (#32868645)
Amazon's perspective is that they are a store / marketplace that a seller can optionally sell on. They are ensuring their customers get the best price. Like any store, if you don't like their terms then don't sell your product in their store. Pretty solid logic I think.

But the reality is they are a store that dwarfs every other in customer reach making it difficult for small businesses to grow without utilizing Amazon as one of their sales channel. Hence, Amazon's 15% commission gets baked into everything even if it's not sold on Amazon. I think the law needs to evolve in a way to recognize scenarios like this where there is massive asymmetry - not necessarily a monopoly - between one dominant market player and others which is harming the consumer.

Amazon's response of course would be "no fair; you're using us for product discovery but then giving the sale to the brand owner". Which has some validity. If you took away the commission, then they would be relegated to a search engine that relies on ad revenue only. But that would mean lower prices so consumers would win in the end.

Re:California sues Amazon for preventing 3rd-party sellers b... by cool_dude85 on Friday September 16, 2022 @12:57PM (#32868916)
>Amazon's response of course would be "no fair; you're using us for product discovery but then giving the sale to the brand owner".

Almost as bad as someone walking into a brick and mortar store and then going to some big website to actually buy the TV. No fair indeed.

Re:California sues Amazon for preventing 3rd-party sellers b... by Spivak on Friday September 16, 2022 @03:38PM (#32871001)
I mean it kinda is no fair, the ability for people to do this is a fairweather tolerance because big box still come out ahead even when price matching online retailers. The moment that stops being the case is when you will start to see stores charging covers.
Re:California sues Amazon for preventing 3rd-party sellers b... by scarby2 on Friday September 16, 2022 @03:55PM (#32871203)
I always wonder how many people actually do this. It has to be a pretty significant difference for me not to actually buy it at the store.

If I'm at the store and i can put something in my cart and buy it then I'm not going to order it online and wait for delivery to save $5. Also delivery is extremely unreliable these days...

Re:California sues Amazon for preventing 3rd-party sellers b... by Supermancho on Friday September 16, 2022 @04:57PM (#32871922)
> I always wonder how many people actually do this

From watching other people at stores, it's maybe 15%? For goods that need to be installed or carefully handled, it's less common. Headphones? Pricecheck. Mechanical Keyboard? Pricecheck. Washer and Dryer? Most people pricecheck even though it seems like something they wouldn't. Turns out that most people shop around for those, so internet pricechecking is part of it. Food items that seem too expensive? Pricecheck. You can save a bunch on dry/bottled goods. Amazon Prime feels like a Costco membership. You have to make sure you use it, to justify it.

Re:California sues Amazon for preventing 3rd-party sellers b... by onepointsixC on Friday September 16, 2022 @01:18PM (#32869185)
>They are ensuring their customers get the best price.

No they are not. They are setting the price on their platform to be the minimum price. That's very different and bad for consumers.

Re:California sues Amazon for preventing 3rd-party sellers b... by lots2learn on Friday September 16, 2022 @08:19PM (#32873637)
They're saying "give our customers your best price or you can't sell the item on our platform; you're free to sell it anywhere else of course for whatever price you want but you just cant have access to our customers". Now I do think it hurts the consumer - as I reasoned in my post - but in a round-about way; one that that law currently doesn't seem to be able to reach.
Re:California sues Amazon for preventing 3rd-party sellers b... by NickC25 on Friday September 16, 2022 @02:47PM (#32870403)
>If you took away the commission, then they would be relegated to a search engine that relies on ad revenue only.

They'd also still be a major corporation / quasi-monopoly that powers like 80%+ of the internet and is wildly profitable. I see no problem with taking a small cut of their revenue away that they only have due to shady business practices. But Wall Street would cry Won't anyone think of the shareholders?

I wouldn't give a shit if that caused Jeff's net worth to drop 5% or 10% - the guy would still have more money than the rest of the world save for 4 or 5 people rather than just 1 or 2 people.

Re:California sues Amazon for preventing 3rd-party sellers b... by ClumsyPilot on Friday September 16, 2022 @01:34PM (#32869417)
> They are ensuring their customers get the best price

No, they are making sure they get the biggest cut

Re:California sues Amazon for preventing 3rd-party sellers b... by hedora on Friday September 16, 2022 @12:22PM (#32868386)
Amazon gets paid to place targeted ads.

They use the ad money to give five percent cash back on purchases.

Manufacturer advertises "effectively pay 5% more on our web site or Amazon will club a baby seal (or worse)!"

The advertising campaign falls flat.

Consumers are killed/maimed by a counterfeit item they bought on Amazon.

Manufacturer costs go up 10% (spent on lawyers and training customer support as emergency response workers).

Amazon begins production of a higher-margin, but less expensive and non-deadly knock off, and promotes it above the original product.

Repeat.

Re:California sues Amazon for preventing 3rd-party sellers b... by smallerfish on Friday September 16, 2022 @03:12PM (#32870691)
You wish it's 5%.

Play around with this (and don't enter 0 for shipping, because they have a divide by zero error):

https://sellercentral.amazon.com/hz/fba/profitabilitycalcula...

Re:California sues Amazon for preventing 3rd-party sellers b... by scarby2 on Friday September 16, 2022 @04:00PM (#32871259)
Depends on the item value. It's usually closer to 10%

The higher margin on the left is what amazon charges for fulfillment (which can be quite a lot).

Re:California sues Amazon for preventing 3rd-party sellers b... by wyre on Friday September 16, 2022 @12:14PM (#32868262)
If I own a store I should be able to set my own prices without risk of being kicked out of a marketplace.
Re:California sues Amazon for preventing 3rd-party sellers b... by insane_dreamer on Friday September 16, 2022 @01:16PM (#32869165)
Its problematic because Amazon has such large control over online shopping, that setting anti-competitive rules further increases its control to where it becomes almost monopolistic.