The Antitrust has imposed a fine of 10 million euros jointly on two companies of the Amazon group (the Luxembourg companies Amazon Services Europe and Amazon EU) for an unfair commercial practice consisting in the pre-selection of periodic purchases. In particular, explains the Antitrust, on the web page where the characteristics of the selected item are described, the “periodic purchase” option is pre-set instead of “single purchase”, both for products sold by Amazon and for products sold by third parties on the marketplace.
In this way, the Antitrust maintains, “consumers’ freedom of choice is considerably limited”. The graphic pre-tick of the recurring purchase in fact induces the purchase of a product periodically – even without actual need – thus limiting the right to choose, the Agcm continues. Furthermore, the conduct implemented by the group was deemed to be in conflict with “the canon of professional diligence because an operator of Amazon’s importance would be required to build online interfaces relating to purchasing processes, in order to allow consumers to make choices free and informed trade”.
At the start of the investigation, the pre-selection of paid fast delivery was also contested. With respect to this conduct, the Authority accepted the commitments proposed by Amazon which in the future will only predefine the free delivery option. Furthermore, the two companies will provide compensation to consumers who turned to Customer Service to complain about this conduct during 2023, concludes the Antitrust note.