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20-Sep-2017 05:40 by 3 Comments

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Entering its sixth year in 2000, the company had yet to crack a profit and was mounting millions of dollars in continuous each quarter’s larger than the last.

In 2015, it earned 7 billion in revenue,4 and, as of 2013, it sold more than its next twelve online competitors combined.5 By some estimates, Amazon now captures 46% of online shopping, with its share growing faster than the sector as a whole.6 In addition to being a retailer, it is a marketing platform, a delivery and logistics network, a payment service, a credit lender, an auction house, a major book publisher, a producer of television and films, a fashion designer, a hardware manufacturer, and a leading provider of cloud server space and computing power.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.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 pegging competition to “consumer welfare,” defined as short-term price effects—is unequipped to capture the architecture of market power in the modern economy.Although Amazon has clocked staggering growth—reporting double-digit increases in net sales yearly—it reports meager profits, choosing to invest aggressively instead.

The company listed consistent losses for the first seven years it was in business, with debts of billion.7 While it exits the red more regularly now,8 negative returns are still common.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.Each quarter the company would report losses, and its stock price would rise.One news site captured the split sentiment by asking, “Amazon: Ponzi or Wal-Mart of the Web?For instance Amazon named one campaign “The Gazelle Project,” a strategy whereby Amazon would approach small publishers “the way a cheetah would a sickly gazelle.”16 This, as well as other reporting,17 drew widespread attention,18 perhaps because it offered a glimpse at the potential social costs of Amazon’s dominance.