It is the most advanced antitrust law proposal in the US legislative process that has drawn Amazon’s ire, the American Innovation and Choice Online Act (AICOA). Brian Huseman, the web giant’s vice president of public policy, said took the pen on June 1 to criticize the text and ” its unintended negative consequences for American consumers and small businesses “.
The best placed antitrust text in Congress
The AICOA aims to prohibit online platforms from promoting their own products or services on their site to the detriment of those of third-party companies. Concretely, Amazon could no longer highlight its products in its search results or those of third-party sellers of the Fulfillment by Amazon program, an exchange of good process which allows these sellers to benefit from Prime and a privileged position in the results. .
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The text was adopted by the Judiciary Committee of the House of Representatives in 2021, and that of the Senate in early 2022 by a bipartisan coalition. It is within the upper house of Congress that events are accelerating since a vote in plenary session must be organized by the summer.
A deadline that sheds light on Amazon’s public speaking out to fight a text judged ” vague and indefinite “. The main grievance of the world leader in e-commerce is the unfairness of this law. Companies affected by the AICOA must meet a certain number of criteria, including 50 million active monthly users in the United States, more than 550 billion dollars in turnover or market capitalization…
Amazon competitors spared
For Brian Huseman, the intention of the elected officials is clear, to target GAFAM and in particular Amazon, the only retailer of the American Tech giants. The Vice President believes that If there is to be legislation, it must be applied fairly “. Distributors like Walmart, Target or Costco would effectively be spared the text.
To defend the Seattle company, Brian Huseman does not hesitate to attack the promoters of the text head-on with not very subtle innuendoes, ” Similarly, Target, headquartered in the state of Minnesota, where Senator Klobuchar is from, is excluded although it too operates an online marketplace for sellers. “. A similar spade is addressed to David Cicilline, Republican and bearer of the text in the House of Representatives.
Amazon mobilizes more classic arguments. The commercial nuisance for its 500,000 partners, small businesses and the 1.8 million jobs that go with it. Fines in the amount wacky that would destabilize the company itself and its one million employees. The degradation of the Prime express delivery service.
This last point worried Democratic senators last month. They fear that attacking popular service in the run-up to midterm elections in November will be counterproductive.
Public lobbying
An idea largely supported by intensive lobbying by Amazon summarized by a statement by Brian Huseman on this bill putting ” jeopardize two of the things U.S. consumers value most about Amazon: the huge selection and low prices made possible by opening our store to third-party retail partners, and the promise of fast, free shipping through AmazonPrime “.
Senator Amy Klobuchar offered amendments to quell doubts within her camp. Unsurprisingly, these changes were deemed largely insufficient by Amazon. For Brian Huseman they ” do nothing to address the most serious concerns about the bill “.
As a sign of timid openness, Brian Huseman concludes by rejoicing at the idea ” identify and address legitimate concerns of legislators ” to adapt the regulations of the “ highly competitive retail industry “. A collaboration with a prerequisite, reconsider the adoption of the AICOA.
A spokesperson for the Democratic senator responded freshly to Brian Huseman through The Register“ Who do you trust? America’s largest online retailer, with a proven track record of scamming small businesses and lying about the impact of this bill, or small businesses themselves? “. The senators do not seem inclined to “reconsider” the AICOA at this time.