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Yale Law Journal - Amazon’s Antitrust Paradox
Although Amazon has clocked staggering growth, it generates meager
profits, choosing to price below-cost and expand widely instead. Through this
strategy, the company has positioned itself at the center of e-commerce and now
serves as essential infrastructure for a host of other businesses that depend upon
it. Elements of the firm’s structure and conduct pose anticompetitive
concerns—yet it has escaped antitrust scrutiny.
This
Note argues that the current framework in antitrust—specifically its pegging competition to “consumer welfare,” defined as
short-term price effects—is unequipped to capture the architecture of market
power in the modern economy. We cannot cognize the potential harms to
competition posed by Amazon’s dominance if we measure competition primarily
through price and output. Specifically, current doctrine underappreciates the
risk of predatory pricing and how integration across distinct business lines
may prove anticompetitive.
These concerns are heightened in the context of
online platforms for two reasons. First, the economics of platform markets create
incentives for a company to pursue growth over profits, a strategy that
investors have rewarded. Under these conditions, predatory pricing becomes
highly rational—even as existing doctrine treats it as irrational and therefore
implausible.
Second, because online platforms serve as critical intermediaries,
integrating across business lines positions these platforms to control the
essential infrastructure on which their rivals depend. This dual role also
enables a platform to exploit information collected on companies using its
services to undermine them as competitors.
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