Amazon knew seller data was used to boost company sales
politico.eu
politico.eu
PS: speaking out of experience, I had one time a talk to a director from an important online shop (top 3 in the country in that specific field) and "this sort of things" was exactly the reason why they chose to use MS Azure instead of AWS. Imagine how deep it can go. And I totally support that.
PPS: I don't understand the downvote. Please, be specific on why you disagree instead of just clicking on random symbols.
Backfiring would imply things are changing or getting worse for them. And I'm certain that we're not at "peak Amazon."
Worse, Americans especially are becoming numb to top down abuses. Not only am I worrying that this is not backfiring, but I'm also worried about the precedent we're setting by being so tolerant to it.
Consumers may not be fed up with Amazon, but if this is SOP then the sellers WILL leave and a competitor with better SOP will come in.
Getting f’ed in the arse as a consumer is one thing. Getting f’ed in the arse by Jeffy B as a business is another.
It is trust which makes this world go ‘round.
It still isn’t clear if it matters. You have little perspective or experience on selling easily cloned $10-100 items (Amazon Basics) anywhere. Most of the margin is made at the point of manufacturing, by taking $1 overseas labor and selling it for $5. AmazonBasics and the other product are both made by the same labor, the same process, so the economics of what’s really going on are still in equilibrium.
But I understand (though not really sympathize with) the aspiring middleman trying to buy that $5 product and sell on Amazon being mad about doing, essentially, product discovery for Amazon. On the other hand nobody is forcing them to be middlemen.
You don’t have to launder cheap overseas labor at all. If the EU commission focused on the economics that mattered - the labor arb - the impact will be as large as you’re anticipating. It’s my opinion that the injustice of the offshore labor system is of far greater importance than some bullshit Amazon versus Some Aspiring EU Tech Company battle.
If someone wants their mobile phone data and photos to be private, they should make a compelling mobile os they control.
If someone wants a water supply that is not polluted with toxic runoff they should start their own waterworks, lay their own pipes, and potentially buy their own lake because some pollution is unremovable.
If someone wants not to be discriminated against they should start their own country.
Without any regulation to curtail this behavior, the end state seems like it will have to be Amazon owning the markets that have the best margins and the least risk. Competitors will die and Amazon will be able to increase prices to maximize their profits without needing to worry about being undercut. That sounds exactly like what anti monopoly legislation was written to protect against.
https://arstechnica.com/tech-policy/2017/08/lawsuit-amazon-s...
IMHO these websites should be disallowed to sell their own brands. (I wouldn't mind if physical retailers wouldn't be allowed to sell their own brands either.)
>Ya know what? I'm gonna make a thing that lets third party sellers sell their products and avail themselves of my burgeoning logistics network! It'll be so cash. I'll charge 'em pennies, they get to sell to a wide audience, I get use out of my logistics network, win-win.
Sounds like the start of some good ole fashion enterprise right?
>Hey, now that I got everyone on here, and since I'vegot all this seller data just lying around, we should do something with it. Charts, graphs, the whole shebang. Can charge extra or piecemeal to help people do more business, thereby enabling them to get more regular product flow, possibly even getting them to sign up and pay me for use of my logistics network to cache their stuff. I can turn around and offer supply reliability to end consumers, I can offer revenue stability and insight into invemtory profitability for my merchants, and I'm still making bank off my logistics network! Win-win-win for everyone around.
Still good, right?
>Hey, we got all this sales data laying around right? Why don't we aggregate it to see what's moving in the market overall so we can diversify into becoming a merchant competing in our own marketplace without any of the risk anyone else has to take because we have the ability to front-run commodity movement using info no one else has available to them at that level of abstraction oroverall visibility. Oh... Also, don't say 'Front-Run' because it'llmake the compliance and legal people upset, but it's totally what we're doing. Bonus point: with our scale, if we do find a winner, we can get in at rock bottom deals from the manufacturer, meaning we can ectract the value potential better than anyone else out there.. Sure, some of the merchants may lose out, but it's our platform, and their data is on our stuff right? Admin's priveleges. Besides, it isn't their sales data, we can just generate some anonymized non-vendor specifiic metadata to search using the web services we implement! Then it's our data not theirs!*
If you don't see where one of those three starts getting anti-competitive and abusive, you are waaaaaay too far down the slippery slope of the monopolist slip-n-slide.
The last one may be somewhat ham-fisted, but it's not far from some of the more... Fraught... conversations on the virtues and prickly points of business models with coworkers in the break room.
I assure you it does happen. Check out the GooglePay and ApplePay branding guides for similar examples of things that you read that make you go "Huh, is that why that's confidential? Because it tells you to do anti-competitiive things?"
Good luck finding a copy of course. You'll just need to find a poorly packed truck or something.
This seems to be very common. https://www.forbes.com/sites/bobevans1/2018/07/18/walmart-ci...
Unless I've grossly misread these articles, Amazon were using third-party seller data from sales on the Amazon.* websites.
The data was on their (Amazon.com) sales database (who sold how much of what, for how much). They weren't accessing (hacking) data hosted on AWS (a database hosted for an online shop not related to AWS)
Those two things are very different.
EDIT: To put this into perspective. Any store (online and offline) that has its own branded products, probably looks at sales of the existing non shop branded products and makes an own branded version when it looks like it will be successful ("Panasonic SD cards are selling well, and look like they have good margins so let's bring out our own version"). What Amazon is being accused of is using sales data from 3rd party sellers on Amazon.*
So yeah, I believe you.
(Amazon does have internal controls that do limit most users’ access, but he said was an SRE with “global” access, apparently - I’ve never worked for Bezos so I don’t know what Amazon’s access-security is really like).
Not only is there an audit trail for what I do internally, but any calls I make to review customer data is published in the customer's CloudTrail trail. So the customer can audit when their information is accessed.
This report has 0 to do with AWS.
Same company, leadership and culture. If you compete with Amazon, or could compete, it would be pretty stupid to put your jewels on AWS.
Although I admit that this might not be as true anymore as it was a few years ago.
Being on AWS works for Netflix, Disney+, and a lot of other streaming services I won't mention. ESPN and Fox Sports both use AWS. A lot of incredibly visible companies that offer cloud storage white-label S3. Tons of game studios use AWS.
A lot of successful companies are pretty stupid I guess. But I'm not going to spend my time trying to refute conspiracy theories about AWS. You do you boo-boo.
Most retailers, even big ones, don’t have the money or expertise to do this like that. Of the few who do (Apple for instance) Amazon is keen in making sure that those companies are heard and has direct relationships with them, but that’s few and far between.
That’s my take on this
If AWS were caught sharing your data, with anyone, for any reason, it would be a gigantic mess of a problem. Forget 'competing with Amazon on Amazon' - we're talking about sensitive data of all kinds in every single line of business. It would destroy them.
Selling on Amazon, and then having sneaky Amazon PM's use your data against you is bad, but the quasi-same thing would exist in other retailers. Best Buy doesn't sell '3rd Party' so obviously all of their sales data is theirs, and I think that the expectations between '3rd Party' and not '3rd Party' Amazon may just be a little bit blurred.
I'm suspicious frankly about the distinction, because Amazon may very well believe that that data is theirs to look at anyhow.
But AWS has to be a different story, if not, it's going to hurt.
Those servers, at least, should be free from any of the snooping concerns folks have.
How much brand damage and lost of business to AWS (their most profitable organization) would they lose if this were to leak? The more prevalent their use of this AWS customer data, the higher the chance it gets leaked.
Why do you think Amazon, one of the most logical and data driven companies, would make such a bad business decision?
All of that is ignoring the fact that any customer of size WILL be sharing details about their go-to-market with their AWS account team. Just because a random guy in support can't login to their systems doesn't mean their assigned architect doesn't know what their process workflow looks like and didn't help them design it...
AWS is certified to comply with a bunch of cloud/data standards/regulations such as HIPPA, PCI DSS and so on. Even if a single evidence is found that AWS is breaching them the consequences will be severe.
Also for Amazon as a whole it makes very little business sense to lose a AWS customer paying hundreds of millions of dollars a year just to gain some marginal advantage in retail space. Note that Amazon retail already is operating at the limit when it comes to having accurate sales information about its competitors. It has crawlers to scrape online data and employs hundreds of analysts to build multiple models. And it’s been on this for close to three decades. So trawling AWS customer data is net negative for Amazon. It doesn’t take much for competitors to move away to Azure of GCP.
So it’s in AWS’s best interest to be absolutely fool proof about not going anywhere near customer data. Dealing with business data is a whole lot different ball game compared to collecting tracking customer data like Google does. Businesses will be unforgiving.
The article says someone used data from Amazon(the online store), not AWS. You should absolutely use Azure(or GCP) if it makes more economic sense for you but migrating from AWS to Azure because of this may be an overreaction.
Part of it is why would you want to give any competitive knowledge to Amazon with your data or even metadata assuming you encrypt data with your own keys (eg. # of users derivable from # of distinct home/mobile IP address connections to your servers, # of transactions from connections your servers make to payment processors etc).
The other part of it is why add to Amazon's profit margin when it's well known AWS likely subsidizes retail to a large extent.
Not in a technical sense, I'm a software engineer, I understand what data _is_ there, but more to the extent of, do they go out of their way to identify you, an AWS customer as a retail business and use that _retail_ data in ways such as described by the original complaint here?
If the answer is anything other than "they definitely don't", I'm concerned.
But Amazon is also a marketplace. In that role it acts as a "rentable retail space". Using the data of the retailers in your marketplace to decide what to make/wholesale and then retail is another layer.
You could easily argue that it reduces to the same thing. But societally we've excepted that the retailer is a full layer in the system and gets full access to the data flowing through it. The marketplace itself is historically more of a fee-for-use type of thing, so its not an ingrained concept for us.
Meanwhile, https://news.ycombinator.com/item?id=24174276
"Amazon Liable for Defective Third-Party Products Rules CA Appellate Court"
It seems both regulators and Amazon want whether or not it's a marketplace to go both ways whenever it's convenient.
If you are anything other than a massive corporation, any manufacturer that chooses not to sell through Amazon and utilize all or most of its services (marketplace listing, payments, warehousing, delivery) will be at a massive cost disadvantage and will not be able to compete with other sellers that do choose to participate with Amazon.
And more significantly, perhaps, if you don't sell through Amazon's marketplace, you are often unable to compete with Amazon itself.
I sell dog treat mix (coopersdogtreats.com) - I do much better both in terms of margins and overall sales on my own website (with traffic coming primarily via paid FB ads) than on Amazon.
That's not even including other huge marketplaces like walmart.com, Chewy, Etsy, etc.
Amazon doesn't have a monopoly on small-seller logistics - I'm about to move all of my logistics over to a 3PL, and there are plenty that will cost-effectively work with startups (ShipBob, Shipmonk, etc. - just Google "ecommerce 3PL" and you'll see what I mean).
How much Amazon plays into your business obviously depends on the category, but the idea that it's impossible to compete in ecommerce unless you're on Amazon is an easily disproven myth.
I wonder, though. Do you think your experience is typical?
Am I wrong to think that your product is more niche and premium than the most products that are sold via the Amazon marketplace? Do you think that you might get more repeat business than most products sold on Amazon?
It's been a while since I've looked into pricing for FB ads, but my sense is that a product with more narrow margins and less potential for repeat business could find it difficult to attract customers via advertising without increasing prices beyond what could be found on Amazon for competing products.
Costco can determine that Best Brand shoes sell in its stores and decide to source shoes themselves and stop carrying Best Brand.
Amazon can determine that the Footlocker in their mall is making a killing selling Best Brand shoes and either sell Best Brand shoes in their anchor store or source their own shoes, all at a price that Footlocker can’t match. They can also advertise those shoes throughout their mall and change the layout so customers have to walk past their cheaper shoes to get to the Footlocker.
None of what you've described about Amazon differentiates it from Costco at all.
It's similar, although personally I think the relationship between the companies is meaningfully different:
Costco purchases product from manufacturers, and may choose to source product from other manufacturers (including under its own brand name). It uses it's own sales data to make this decision.
Amazon acts as a marketplace for other businesses to list and sell their own products. These businesses are online retailers which use the Amazon platform, and pay Amazon fees for this service. Amazon is then using other retailers sales data in order to inform it's own business.
The difference is with Costco it is their own sales data, while in Amazon it is the sales data of other retailers. It would be an issue if Walmart had access to Costco's sales data and not visa-versa (this would provide Walmart with an unfair competitive advantage). Similarly other smaller online retailers do not get access to Amazon's sales data, but Amazon get's access to the other retailers sales data who use their platform, and will then use this to compete with them.
Plus, walmart is now a marketplace as well. This overpriced GPU is 'Sold & shipped by Monoprice Inc'. It's only a matter of time before Walmart commits the same anticompetitive acts as Amazon using Marketplace data. https://www.walmart.com/ip/Zotac-NVIDIA-GeForce-RTX-3080-Gra...
This combination basically nets out to be financially the same as pure consignment. They won't pay me for my product until well after it has sold-thru to an end user. Everything that's unsold comes back to me (and they bill me for shipping both ways!) In the meantime, all I have is basically an "IOU" promise to someday pay IF it eventually sells (and they always drag out the payment beyond the already-extended due date).
Also, if I want to be featured in their circular I have to "buy" that just like an ad in a magazine except the retailer will (usually) DFI (deduct from invoice) the "ad" cost, which means they just owe me less (if and when the product sells and they actually pay). The same is true for getting my product displayed on an end cap or with in-store signage.
The big retailers bring in new products to "test" all the time and do so at basically no financial risk to themselves (other than the opportunity cost of the shelf space) while capturing all the sales data.
In practice that's not the case at all. Many if not most retailers require suppliers to buy back unsold inventory
If Amazon carried the entirety of their inventory themselves like Costco or like Walmart used to be (before the expansion of their own online marketplace), it would be a distinctly different situation.
Amazon rents space to merchants where those items are sold through the site for a fee. Amazon is never on the hook for a sale and is basically getting paid to do the market research to set up as a competitor.
Yes, Costco does do some referral sales but I can't think of anything which has gone on to be a Kirkland product.
In one situation you run a stall and buy products from people to sell at that stall. At some point you use what you've learned doing this to sell your own product.
In the other, you don't buy anything from anybody. Instead, you rent out a stall for other people to sell things from. You then watch the stall and use that information to open your own stall.
The first case seems pretty normal to most people, I think. The person you were buying from originally doesn't inherently get some kind of assurance that you will always buy from them in the future. There's no difference to the seller if you buy from somebody else, don't sell any of that product, or make your own. We just don't expect that buying goods from somebody inherently adds any other kind of obligation. It's two equal parties making an exchange, and nothing more.
The second case, however, I think is not so clear cut. All of the sudden you have a lasting relationship between two unequal parties. These are the sorts of situations where you tend to find more implicit or inherent obligations on the participants. It's no longer the guy you sold that thing to not buying from you again, it's your landlord competing with you.
I'm not trying to pick a side here, so much as I am trying to explain why people might not see the two situations as identical. And of course there are plenty of real-world complications too.
Most brick and mortar retailers also sell space to manufacturers. Product positioning in the store and even on the shelves isnt solely due to UX
> An appeals court in California has ruled that Amazon can be held liable for products sold through its marketplace by a third-party seller
That seems to obviate the distinction of 'marketplace facilitator' vs. 'retailer' for them. That makes them much more like Costco with a special relationship with vendors to set up vendor-specific sections in their store.
Personally, I've always detested the 3rd-party market in Amazon and wouldn't mind seeing it go away.
So no big difference...
There is a fundamental difference between being a retailer and providing a retail platform.
All Costco would really have access to is how much they've bought and how that has performed for them. Meanwhile Amazon is providing a platform for companies with a policy that they will only use their data to help them, which is what is allegedly not happening.
This isn't really how it works. Retailers very often have arrangements to defer payments until after the product is sold.
In fact, in France, retail margins are so thin that supermarket chains reportedly make most of their profit by selling the inventory, investing the money in short-term funds, then paying the suppliers one month later and keeping the interest.
https://data.oecd.org/interest/short-term-interest-rates.htm
So, even if we had our own competing labels for some products, the manufacturers would never be left in the cold with unsold stock (if for example we chose to drop one brand or run a promotion for our own).
Most large grocers:
- Sell shelf location slots to the highest bidder.
- Include a consignment clause in their vendor agreements requiring vendors to take back spoiled, customer-damaged, and unsold inventory at X point or on-demand.
- Require merchandisers to keep inventory in-stock for as many products as they can get vendors to manage (e.g. the coke delivery person is in-store several days a week.)
All of this is especially true for shelf stable products and beverages.The modern grocery store is effectively managed like a flea market and is allowed to do so because the chains have so much leverage.
So while we can take issue with Amazon’s practices, we have to remember that most of large-scale retail operates in ways that if written about to the level of Amazon, we’d also be griping about.
Possibly related is that EU grocery margins are amongst the lowest in the world.
Slotting fees and consignment clauses only apply to new products. Slotting fees are used as an alternative to consignment; they are basically a discount on the wholesale price paid by the store for new products that may not sell through. Alternatively, the store may sell the items on consignment, in which case it only pays the distributor for products actually sold through.
Merchandisers...are employees of the stores (they're responsible for internal marketing efforts)...Perhaps you meant distributor? Only a few store chains have an in-stock requirement (Walmart and Costco), and that is due solely to the volume at which they sell-through.
More importantly, and the crucial legal distinction: retail stores pay the distributors for the inventory on their shelves, except for the 1% offered on consignment (i.e., new products sold on a trial basis), while Amazon gets paid by the distributors. That legal distinction is at the heart of why what Amazon does is problematic.
(Source: Kroger was a former client.)
I struggle with it as well because conceptually in my mind this is the same as a grocery store using customer buying data to inform itself. Grocery chains have been using private label brands to compete with name brands for years. Check your cereal aisle for the "fruit loops" in the back without a box that are ~50% cheaper than the name brand boxed real fruit loops.
I never saw this as wrong growing up. I saw this as the store offering a cheaper comparable and consumers were able to chose which they want. In fact, the grocery store also controls what is on the end cap and what is on top and bottom of each shelf.
I think the landscape is heavily skewed in favor of the dominant online retail merchant. This skew and dominance is what causes people to claim afoul behavior is going on.
There are kinds of behavours that are acceptable for an individual or a single groceries store, but if a large company adopts it across the country and puts it in the policy, then they are beaking the law.
Amazon provides a platform through which "everyone" can sell "anything" with no tightly constrained space/slots.
As far as I know Amazon is legally closer to a market place where everyone is up their own stand (but they are required to look mostly the same) and which happens to also require you to use their payment system.
I.e. Amazon is just a proxy while the grocery store legally buys and resells the products.
Is this fair to the vendors?
I think the real issue is how people shop online versus in stores. Online, they see a linear feed of individual products and buy whatever is near the top. In a store, they see a variety of displays, and it's almost hard not to comparison shop even a little bit.
It's much, much easier to be "anti-competitive" on a web store than a physical store. Imagine if Costco did what Amazon does, deliberately making Kirkland products easier to find in the store and look more reputable/trusted compared to other brands.
So I don't think the problem is that this particular move by Amazon is any more anti-competitive than anything a normal store with store brand would do. The problem is that Amazon already engages in other anti-competitive activity, so pretty much anything they do related to their own store brand is distasteful.
Actually there had been legal cases with unfair market practices in grocery stores between different competing products sold there. I think there is currently a ongoing case with Oreo.
Most important grocery stores and similar are resellers, Amazon is a proxy.
Sure that pretend they sell you things but actually you just buy things through them, not from them. (Except their own products.)
I wouldn't be surprised if Amazon lets the fraud and ratings scams go somewhat unchecked so as to make their own house brand look "safe" and desirable.
I don't think your example really holds weight. I goto Costco because they offer products I want at a price I like. If during shopping they were trying to give suggestions to better deals I'm not sure as a consumer I get to complain about it do I?
Each captured sales data and built private label alternatives to key brands on a regular basis. Small differentiator in the case of Costco is that they have a practice (though not a policy) of offering the leading vendor the opportunity to produce the private label before doing it themselves. But that’s a small detail.
Besides the fact that headlines about this get traction, there is a differentiator with Amazon in that they actively market themselves as a marketplace for small businesses in the way we’ve come to view Shopify. Costco and Walmart were always very clearly retailers...they buy stuff and sell stuff at a margin.
So while I think a lot of the blowup about this is overdone, there is a legitimate argument about the difference between how Amazon markets itself and what it does. But, frankly, for anyone with any level of experience with retailers or, frankly, tech platforms, this kind of capture behavior should be expected.
It's 100% different. Costco doesn't make any of the Kirkland brand products. Their suppliers do. And Costco usually only carries one brand of, say, batteries. They go to Duracell and say "We want to buy X Duracell batteries and Y Kirkland batteries from you over the next Z years". If Duracell doesn't want it, their next call is the same thing to Energizer.
Basically, Costco says to their suppliers "We want to give you X high margin sales and Y much lower margin sales." And you know that going in. And are ecstatic because all those sales would otherwise go to your competitor.
Amazon says "here's a flea market", then uses their security cameras to see what items are selling at everyone's stalls. The next day, the stalls of the people who run the flea market (right next to the front door) also have the best selling items. Oh, and their tables are infinite and maybe they also fuck with the listings on the map to make it harder to find that those items are also at your booth.
In contrast Amazon takes on zero risk. It snoops on the data of transactions, and then launches competing products.
To make it clear, Here you should consider Amazon.com different entity than Amazon Seller Account. Now would you sell on amazon.com if amazon.com leaks your data to "amazon seller account" owner to boost his sales of a similar product, which you sell.
Moral thing is, Amazon seller division who deals with product directly sold by Amazon, should never have access to the data of other sellers.Fullstop.
When they start by doing independent market research, selecting a product, building/sourcing it and marketing it, then analyzing data generated by their own sales of these products in their own stores (brick & mortar or online), they are the same.
The DIFFERENCE is that Amazon also hosts other sellers and uses THEIR data.
So, an entrepreneur comes along having designed, arranged fabrication, and imports a product, then pays fees to sell it on Amazon. Amazon now uses THE MERCHANT's own data against them to notice the successful product, decide that it will be profitable, then search out the same manufacturer, offer a better deal, start selling on their own market as Amazon Basics, then kick the original seller off the market. [1], [2] It happens repeatedly enough to call it systematic.
So, if you are only marginally successful, you can continue selling unmolested.
But, if you find good success, Amazon will use your data to chop the top success zone right off of your business, after charging you for services while you spend decades building it.
It is even better than Zuckerberg's plan - at least Farcebook doesn't charge you to hijack your data for their purposes - Amazon charges you AND hijacks your data.
Just because it evades existing laws does not make it right.
I will certainly not be selling anything on Amazon that either 1) I'm 100% certain cannot be reproduced elsewhere or 2) I only intend to be a small or temporary market.
[1] https://www.wsj.com/articles/amazon-competition-shopify-wayf...
[2] https://www.hitc.com/en-gb/2020/12/24/amazon-tripod-company-...
Costco is legally a "reseller" that purchases items from manufacturers/distributors (at wholesale prices) and "resells" them to customers. (Note: only a tiny fraction (<1%) of Costco's inventory is sold on a consignment basis, meaning that the manufacturer/distributor only gets paid for units actually sold on. This arrangement generally only applies to some new products being sold on a trial basis.)
Amazon is also a reseller of items sold through the Amazon.com seller...but not for items "sold" by third-party merchants. The distinction is that for Amazon.com seller sales, Amazon has legally purchased the inventory sold, even if the payment terms may more closely resemble consignment transactions than wholesale transactions.
AmazonMarketplace is a software vendor and data should belong to sellers only.
But perhaps one way to resolve this dissonance is to consider that Costco's behavior is anti-competitive too. They are a beloved brand, but that doesn't mean our emotional attachment to Kirkland products is an accurate reality-based moral stance.
Who are Costco customers?
Who are Amazon customers?
Although, I have not seen any real data on this. Just my gut read.
Costco has to buy the goods they sell. If it's on a shelf, Costco wants it to sell. If they don't want something to sell, they stop buying it/carrying it. They can't make any money by buying a competitor's product and letting it sit in a warehouse.
The incentive structure for Amazon is bad for everyone else. Their ideal profit scenario is to have warehouses full of other companies' stuff that never sells, and to sell an Amazon branded alternative to each consumer with demand. Costco's ideal profit scenario is to never buy third party products and only sell Kirkland goods (assuming demand stays the same). Amazon needs to pick one; they're either a marketplace, where their ideal profit scenario is to sell literally anything they have without preference, or they're a retailer and their ideal profit scenario is like Costco.
only seems worse because amazon is so big, and so monopolistic, that a lot of people hold them to different standards.
It's the same idea that people expect a rich person to pay more taxes, or contribute more philothropically.
"only seems worse because amazon is so big, and so monopolistic"
as:
"only seems worse because amazon is so big, and so dominant"
I don't think monopolistic is a fair adjective because it has an implied legal connotation. Is Amazon a monopoly or just the largest e-commerce retailer today?
Amazon launching new product lines and boosting them to the top of the search results is almost textbook leveraging. Having information showing they used their internal data to find which products to market is basically icing on the cake.
Google has already been dinged for this with their Google Apps boosterism on their search results. I can't imagine this goes any differently from that.
Having much less than 50% of a descriptive market can be enough, if, e.g., you have pricing power, which demonstrates that irrespective of what other players may be described as being in the same market, they are not actually competing with you.
> Courts do not require a literal monopoly before applying rules for single firm conduct; that term is used as shorthand for a firm with significant and durable market power — that is, the long term ability to raise price or exclude competitors. That is how that term is used here: a "monopolist" is a firm with significant and durable market power.
[1] https://www.ftc.gov/tips-advice/competition-guidance/guide-a...
This has to do with diminishing marginal utility of wealth and nothing to do with holding different people to different standards.
There are lots of folks on here that understand what Amazon is doing, less who understand retail businesses mechanisms.
I'm not sure what Amazon is doing is legal (def will vary widely between the eu and us markets), but it is another interesting example of how doing something at scale can be perceived as fundamentally different then when it's done in a smaller way (especially as it pertains to privacy).
Amazon told 3rd party sellers it wouldn't use their sales data for its own sales (and possibly contractually agreed not to? - unsure here), and it now seems that they broke this promise.
How other stores operate doesn't matter. Amazon said it wouldn't do this and used that trust to attract sellers and grow their platform.
Which is an excellent reason for preventing these types of monopolies from forming in the first place. Once you let one retailer get so large, they have almost unlimited power to act in this way, but the people who they harm have very little power in receiving any recompense for it.
> The consequences range
They sure do.. and Amazon is one of the largest companies operating today. The range is "off-scale high."
Stealing your customers sales metrics, yeah that's never okay.
Walmart has faced similar questions as well, but as much of a monopoly/monopsony as Walmart is, it's far less than what Amazon is. Moreso in non US advanced countries that actually enforce the anti trust regulations in their laws.
Walmart retail sales are significantly larger than Amazon's retail sales.
For 2019 (chosen to avoid the disparate impact of pandemic), Walmart sold $514B while Amazon retail sold only $135B first-party and $200B third-party. Given the growth rates, Amazon will pass Walmart, but I don't think Walmart has "far less" power in retail than Amazon.
Walmart and Amazon are both good for one another, and their competition helps us, except for when they basically non-compete over things like wages.
The pandemic was a huge boon for Amazon, but I don't think the battle for retail will have a clean, singular winner and consumers are endlessly demanding in terms of what it will take to remain the winner. Toys-R-Us and Sears learned that painful lesson within our adult lifetime. They won't be the last.
Amazon has made it more convenient to use their services than their competition in many ways, but to my understanding, there are alternatives for just about everything they offer.
Amazon has certainly generated enough bad faith and operates at a large enough scale to galvanize the anti-trust advocates
I don't believe this to be the case. How is Amazon a monopoly, given the large number of online retailers that continue to be successful?
I think it's pretty disingenuous to say that the U.S. isn't enforcing its antitrust laws, the DOJ certainly opens investigations against these conglomerates, they just don't take them to court, so there might not be enough info for the DOJ to think there's a case. We don't know the full story for any of these cases and thus can't become sole arbitrators of whether or not something is an antitrust violation.
The problem is probably that the DOJ doesn't like to bring cases against people in they they don't have hard evidence and a high likelihood to succeed in their prosecution - they have an average 92% success rate in the cases they bring against defendants[0]. I'm not one to say how to run the DOJ but chances are they could find more damning documents via court discovery (if they think they have enough of a case to get to discovery, at least).
0: https://www.justice.gov/doj/page/file/1249306/download#page=... (page 16)
It has nothing to do with a lack of evidence and everything to do with not biting the hands that feed the boss's next campaign fund.
Failed enforcement attempts are as ineffective as non-attempted enforcement.
Amazon is both a retailer in the sense that they sell products, but also owns the entire marketplace as well.
They are also so good at building malls that they own the construction company and the supply chain of raw goods for the construction efforts (AWS). They use their scale to cut costs for construction globally so it doesn't make economic sense for others to build without them. Even some of their competitors use their construction company to build their vision of what a mall looks like. All the while Amazon is gaining valuable insights they can steal to use on their own malls.
This isn't one off or new either but a pattern of abuse by Amazon: https://fortune.com/2016/04/20/amazon-copies-merchants/
Or from today: https://arstechnica.com/tech-policy/2021/05/4700-amazon-empl...
Just wait. It may happen.
During the pandemic some of the big mall companies bought their tenants, either out of bankruptcy, or at crazy cheap prices.
At first it looked like the malls were just doing it to keep the lights on and the storefronts occupied. Now there's more and more people saying the mall companies may try to become "Amazon In Real Life."
To me, it sounds like Department Stores 2.0. But it'll be interesting to see if it actually happens.
Unlike other retailers, who are front and center that they own the sales data (some even sell it back to you, the 3p merchant), Amazon explicitly states they will not use that data (except in aggregate). Bezos' statement that he cannot say for sure if the policy has been violated is an admission that it has, and is even encouraged. It's very possible and easy in fact to enforce a chinese wall around that data. That they have chosen not to -- that the data is possibly available at all -- means that they expect successful PMs to use it on the down low.
It's clear they have this policy so as to attract merchants. So to turn around and violate it is a pretty severe issue.
Second, Amazon is in a position to actually produce or re-brand products under their own very strong brand. Unlike other retailers whose store brand is always the discount and less desirable option, and generally not taking away sales from the premium product.
No, no other store operates this way. Walmart and Costco do not have a little flea market of third party sellers inside their stores who run their own logistics. This would be more like Amazon being both an anchor tenant and owner of a mall, and requiring that every other store within the mall provide all their sales information, then rapidly evicting all the successful stores and replacing them with knock off stores that they also own.
walmart.com does
There's got to be a dark underbelly to Amazon going on at the same time. My wife is bored enough that she's taken up a fight with Amazon over some bluetooth earbuds she returned. The earbuds themselves just simply didn't work; they'd do things they're not supposed to and not things they are supposed to so she posted a review saying such.
The seller started contacting my wife trying to bribe her to change her review to 5 stars. My wife updated the review as such saying the seller is trying to coerce her to change her review but she won't budge.
Amazon has now removed my wife's review saying she's "harassing" the seller despite having emails to prove the seller is the one who won't stop contacting her even though she's explicitly requested such. So my wife is battling Amazon asking them to re-instate the review or give her a real reason why it was removed.
It really is to the point where I won't buy from Amazon anymore unless I have no other choice. I don't trust a single thing about their review system. I don't trust a lot of products being unopened/untampered.
Any review which comments on the seller or seller's behavior is removed because the product page is supposed to be a page of seller-agnostic reviews of the product. There is a separate page of reviews for each seller, but it is buried to the point that no-one looks at it.
It makes it leaving reviews about sellers doing unethical things like paying for reviews fruitless: either you put it on the product and it is removed quickly, or you put it on the seller and no one sees it.
Despite the book being listed as "New", I received a book that was not only pretty old, but also had clearly been stolen from a library, with stamp marks and everything.
I'm not going to leave this alone, contacting the library and exposing this fraud is going to go pretty high on my pile of "to do" things...
Maybe I am missing some monopoly related issue here, but I would love to know more.
It makes me wonder if these American businesses are really so different from the likes of Tencent, Huawei, etc and their ties to the Chinese government. Everyone knows those companies are only as big as they are because of government support. Can you really say that isn't the case with Google, Apple, Microsoft, Amazon, Facebook, etc?
When a group of people are highly incentivized to do something bad, they'll conspire to do something bad. Don't call me a conspiracy theorist.
>“I can’t guarantee you that that policy has never been violated,”
4th sentence in the article:
>identifying one case in which an employee used the access to improve sales.
So only violated once...
All these 3rd party companies want is a "farmers market", a stall to sell their wares. Give them the municipal software infrastructure they need to do so and maintain it as a public good.
At what point do you nationalise? Is there a next technology which will be stifled if it was nationalise?
Does nationalisation sttifle innovation?
I've been wrestling with these questions as I actually don't like Amazon for all the reasons that have been well publicised ... but their customer service is excellent.
Which sets me against a string of recent bad experiences with local suppliers, getting stung, and thinking ... well, if Amazon treat me better, why shouldn't I move away from local suppliers and stick with the monopoly? Which goes against a lot I believe in.
I guess the problem is it's putting a lot of trust in Amazon. Which is itself an argument for nationalisation. I don't know.
Not any more, USPS was only used for shipping anyway.
Amazon has shifted to vertical integration wherever they can - they run everything they can, from air freight (with https://en.wikipedia.org/wiki/Amazon_Air) over their infamous warehouses to last-mile delivery with either in-house staff or "contractor" schemes set up to avoid labor regulations.
It has little to do with technological innovation.
These two statements contradict each other. The thing that Amazon does extremely well is logistics and that is core to their marketplace, not something else to the side.
Amazon.com in my opinion is a logistics company who happens to have a Website that sells products.
Amazon moves an item from point a to point b, and they do it fast and efficient enough that people go back to them again and again.
Last month, I ordered two pairs of jeans and a t-shirt from Eddie Bauer. They arrived in three different packages after about 10 days. With Amazon, it would have been 1 package that arrives the next morning or the following day.
If Amazon is abusing its position, substantial fines or regulations are the right solution in my opinion. I’m absolutely not in favor of nationalization. Any kind of government run facility, in my experience, is mind mumbling horrible at their job. They have no incentive to compete - which might eliminate bad behavior but it also makes for a terrible customer experience. Nationalizing Amazon is no different than just killing the company entirely.
Nonetheless as a semi-monopoly you are rarely compelled to innovate like a smaller company is.
Amazon does not do business in US only
The "Amazon pays no taxes" meme is a false one.
I would argue that it does not. We have a lot of innovations from the last 100 years that have come from state-run projects / endeavors.
The more I think about it the more it looks as though private ownership stifles innovation if there isn't a direct profit motive for it.
It's often better for the state to react to private monopolies/oligopolies by entering the space and competing with a bare bones service. This has worked in banking, telecoms, land development, housing, etc. It often works better than taking over the monopoly directly. It's one of the reasons (IMHO) Singapore has such an effective private market.
Often private companies lobby for laws restricting the level that they can compete - this is a signal that it's an effective tactic.
If USPS were given a mandate and the cash it could absolutely build a marketplace that could compete and it would probably kick start Amazon into being a better and cheaper retailer. Unfortunately it's being whittled down to a husk of its former self.
https://stallman.org/amazon.html
> We should not allow a company to have a share over around 10% of any market. If in a certain field a single dominant company is beneficial for society, that means it is a natural monopoly, and should be served by a regulated utility.
This is a compounding problem as companies that grow big enough can just buy then out or predatory price them out - like, say, Amazon and diapers.com.
In the end the only way to take down mono/oligopolies out is to take them out from a direction they're not expecting and that can take 100 years.
on edit: to forestall anyone suggesting I think Amazon has a small market, no, just the Stallman quote doesn't take into account that monopoly can arise in a relatively small market that people would not consider worth nationalizing.
If a company was already at said 10% limit and you wanted to buy something out of them because to you their offer is by far so much better than any of the alternatives, in your opinion what should happen?
For instance, a regulation addressing this could involve a tax on gross receipts (not profits) in a defined market segment that was 0% at up to 8% share, and 50%×(10 - share in %) above that point.
With no limits, they can actually create artificial lower prices that competition can’t match, and they become exponentially more powerful and dominating.
And sometimes you end up as a customer having less options and lower quality.
No, those Driscoll strawberries in March didn’t come from upstate New York farms.
Local farmers who used to sell at the farmer's market have moved to subscription boxes, from what I can tell.
Edit: Replaced AWS with Amazon
Its like competing in a five hundred meter sprint if the winner of the last twenty races had a shotgun. His time sucks, but he doesn't need to actually run as long as nobody else makes it to the finishing line.
They've such a volume here in India that since Amazon has got here, traditional LTL logistics soared in price wayyy higher
Amazon has completely revolutionised logistics here in India, you'll have hard time sending a box from point A to point B cheaper than what Amazon offers.
We are at a point where Amazon sells things much cheaper shipped to your door than a shop near you. (If you don't live in a metro city highly likely, the price which Amazon offers, local shops simply can't beat them)
And in India something like 60-70% people live in small towns and villages, traditional family owned distribution networks are failing to compete with Amazon, yes the ones which power most of the shops in the town.
I maintain, the traditional family owned distribution networks were even more exploitative (screwing over both customers and their workers) in India atleast compared to what Amazon offers.
Amazon delivery agent here are guys from low economic class and often from villages nearby. I am glad my purchases are helping these people survive than the "several property owning shopkeeper near me" competing with me in the real estate market while simultaneously ripping me off on the price on various tools.
Few years ago I was working for such family owned distribution networks and I never seen such miseries in life, truckers were often not paid at time, often driving trucks which hardly get any service (dangerously), the axel could become rocket anytime while on road. Amazon has only brought best practises to us, they've regular vehicle maintenance schedule, drivers get paid on time. Amazon delivery agents are some of the happiest people I've met despite working so hard, they are always smiling while delivering stuff to me.
The distribution agents were regularly fired without payment (it's not completely organized sector so lots of labor operate in grey area, where if they don't get paid don't have any legal recourse and most likely no one will believe if they ever worked for the person they are claiming to have rendered their service to. I am glad, the nepotistic and exploitative power nexus of family owned distribution networks is dying.
Easy return was never available in India, and you risked getting "death stares" from the shopkeeper if you ever returned anything to him because of quality issues of the product.
Other than this, most of the times I had seen "young girls" walking into market and getting "40% discount" by some thristy shopkeeper and they wouldn't do same for a guy ever, atleast this form of descrimination is dying with Amazon.
And honestly speaking, if a lot of Amazon executives in Bangalore and Gurgaon are getting rich, it's well deserved for what they've done for the nation.
I forgot to mention, we've many Amazon competitors but primarily Flipkart - well, getting them to replace/return anything has been tough for me, maybe because I live in a small town, I don't say but I get all my packages in 2 days from Amazon (without prime), while Flipkart takes 5 days here minimum.
What would I like to see Amazon change?
1. Make it possible to sell low value items which cost less than 200 and aggregate it before it's shipped to customer and charge customer shipping on aggregate weight shipped for these small combines. Sometimes it's very difficult when you've to order small items and pay 150-200 shipping on each item. These can be "no return combine", I will not bother returning such low value item, so Amazon saves overhead and additional costs.
2. Please revolutionze hardware space for retail buyers, stuff like "steel sheets, MDF, nail, bolts, nuts" - we don't have any Homedepot or Lowe's, we really need it and my hope is only on Amazon. Other countries like US has Homedepot where u can get most of the hardware fittings while this space is seriously lagging in India, everyone uses different naming for a spare part, etc...we don't even have anything like "McMasterCarr".
Secondly, that isn’t what sellers want. Many sellers use Amazon to fulfill their orders. Amazon is far more than just a “market stall”.
The same tends to be true for large corporate software projects.
As a fairly recent example: https://www.theregister.com/2019/04/23/hertz_accenture_lawsu...
Yes, but it's not true for Amazon, the topic of conversation.
This.
Amazon is basically a huge logistics network. Their business is not selling you products, whether from their own generic brands, from high-end Veblen goods companies like Apple or from cheap chinese dropship artists. Their business is to process payment, and get that package delivered to your front door. To Amazon, their products is just a way to generate output through their logistics network.
I find that UK and USA governments are worse at IT than Russia and Czech Republic. Maybe it's age of the lawmakers, or over-reliance on old sustem, I dont know
Amazon has issues, but "nationalizing" it would not ease those issues in fact in most ways it would make them worse.
Change my mind then? What would be worse in that situation?
At the very least, it’s worth being clear eyed with respect to the quality of government run services.
What would be necessary for the government to run a service like Amazon successfully? Is our government today capable of doing such a thing? I think the answer is clearly no.
It would be by far worse to not have Amazon, or dump their market share to shady chinese competitors like ali express.
Should be merged with UPS.
I also believe NBA should be nationalised. All teams should be owned by cities and revenues used to fund schools etc
oof. Amazons actual website is frankly horrible, but i shudder to think how terrible it would be if it was run by the government. I'm cringing at the thought. There would just be an endless stream of news about gross mismanagement, incompetence, wasting taxpayers money ad nuseaum. No. The only thing that could possibly be worse then Amazon in its current format would be if it were run as a government enterprise.
And to the whataboutism; "who says Amazon doesn't have those problems etc, it's different. I don't have to be bothered so much by the internal affairs of a private company. A government company otoh, it would just be all over the news.
Everybody but communists know that Nationalization is a goddamned terrible idea doomed to failure - you can see it by not being in their political platforms at all. Only those with dogmas to consider the action a goal in itself advocate for it.
And anyone selling through any platform where they've all data let it be supermarket chain or e-commerce platform, should understand the risk that their data can be used to compete with them if you realize risk is not worth pay off, prefer selling on own website - it's not hard these days. No I mean, yes it's still hard to get eyeballs on your product but to list in Amazon, you need to pay Amazon tax.
In traditional retailers like Costco, if you are a product maker and supply Costco, you don't own any data from the sale of the product--Costco owns that data. In fact, you will have to pay for that data from data brokers (Retail Solutions Inc for example) if you want it.
The fundamental conflicts of interest will always persist otherwise.
This is going to sound radical but I think Google Search should be broken away from everything else and/or Google products should not be accessible via the search page (or allowed to buy ad space)
I also think the degree to which the platform can exploit data related to producers (and consumers) is totally different with online marketplaces.
There are almost certainly more than one search engine (Bing, DuckDuckGo) and more than one online retail platform (Shopify, Walmart.com, eBay). But unlike physical businesses, they are literally "just a click away"; whereas in the real world, you'd have to schlep to the physical location of the competing store. Moreover, the barrier to entry to actually spinning up an online retail platform is much much lower than spinning up a brick-and-mortar location (permits, employed labor per location, rent/property costs). Finally, the theoretical reach once you spin up an online retail platform is infinite; whereas one has to go through all of the aforementioned brick-and-mortar barriers for every incremental customer in the world...
IMO, the concept of abolishing generic store brands strikes me as fundamentally hostile to the poor. The other day I was at a Walgreen's picking up some Neosporin ointment, and I found the Walgreen's store brand right next to at half the price. I'm privileged enough to be able to afford the name-brand Neosporin without having to think about it, but I fully appreciate that there are a lot of people that are grateful that the store brand exists. I'm sure Johnson & Johnson would love for the government to prevent Walgreen's from selling its cheaper store brand, but I'm skeptical that this would be good for anybody except Johnson & Johnson.
Likewise, Amazon provides "generic" versions of commodity products. Insofar as it's difficult to compete with Amazon, it's because it's generally difficult to run sustainable businesses solely on the back of commodity products.
Either they divest themselves from being an active participant in their marketplace, or they put out their eyes and sequester Third-Party sales and transaction records into a bin to never get looked at except for reports to third-party sellers themselves. That's about the only way I can see for Amazon to ethically move forward.
Every brand must estimate their competitors market shares, sales volumes, media spend, and actively track promotional activity - while retailers have a massive slice of this information, namely Amazon. Not only that they control their own "shelves".
In my point of view they shouldn't be allowed to compete if they are using competitors data without their consent... and that's the catch, it's Amazon data as well, so the only solution is: either Amazon is a market place or a retailer.
Gotta love how AWS/GCP terminate your https and can read all of your api traffic.......
This is why I’ve never made selling on Amazon anything more than a side-hustle. You’re just a pawn, totally at someone else’s mercy, and if you are too successful you’re bound to be eaten by a bigger fish who knows how your sausage is made.
These are the following ways in which Amazon is not like a (WalMart, Costco, insert retailer of choice):
* Physical retailers do not have access to the same breadth and depth of data that Amazon does. For example, retailers have no reasonable nor accurate methods of determining which advertising methods bring in the most leads. They have no idea how many people look at the product without buying it. They have no idea who puts in their cart and then lets it sit there for days on end. They have no idea who puts an item into their wishlist. They have no idea which people look at it, then come back a week later and buy it. They have no idea how many competing items, let alone which ones, the buyer compared it with before buying. They can't calculate conversion rates, nor satisfaction rates. Maybe if they're lucky, they can track returns down to the purchaser (because they might require a receipt to return), but they likely don't know much about who you are or why you're returning it.
* Retailers can't notice you looked at a product without buying it, then follow you around to your bank, your barber, your job, your home, relentlessly trying to convince you to buy it.
* Retailers can't look at your general preferences across thousands of unrelated products, perform machine learning methods to determine your likelihood of conversion for different brands and products, and then rearrange their shelves specifically for you to optimize visibility of their products for maximum profitability.
* Perhaps most importantly, retailers always have an incentive to sell their inventory. They buy it, they invest labor into presenting it, they pay holding costs to keep it in stock, they relentlessly optimize within difficult physical constraints to provide visibility to its location on the shelves, and they advertise its existence to the public. Amazon has none of these costs or incentives. If they decide to tank the listing of a competing item, they bear no cost in doing so. They are being paid for every single cost incurred, and they're making money off your stuff in FBA even when it doesn't sell. Even pure consignment stores will regularly decline to consign products that they don't think they can sell or don't think they can make enough money on to cover their costs. Amazon has no such incentive.
Does Procter and Gamble hate the fact that Costco can position Kirkland Signature right next to their products? Of course they do...but they still sell their product. The same can't be said for many private sellers of niche products when Amazon launches an Amazon Basics competitor. Their listings get tanked, their recommendations disappear, their sales effectively drop to zero almost overnight, and if they made the bad decision to use FBA, they're stuck paying holding costs and eventually shipback or disposal costs in order to exit the market.
Amazon is uniquely positioned to take advantage of marketplace data in ways that retailers could never feasibly do, and they bear no costs (and may even augment their profits) when they put their merchants out of business. They absolutely need to have their marketplace either shut down or completely separated from their retail space by legally regulated means.
How is Amazon "too big to fail" in your opinion? That phrase "I think they're too large", it means that a business is so central to the functioning on the broader economy and to several other industries that their failure would tank the whole economy. Think Boeing or JP Morgan Chase Bank.
> and have all the money to buy laws,
What exact laws has Amazon bought?
If we have businesses that are "too big to fail" then why bother having a market economy?
- What I meant by that is also the money can ensure that new laws are not introduced, or investigations not carried out. Have you seen reports of Amazon Basics, where they ask sellers to hand over their leads and then months later Amazon introduces pretty much the same product undercutting the seller? I would imagine if that was done by a small company, they would have been closed down. Yet when you are big, anything goes.
What are the circumstances under which the switch is hypothetically turned off at every AWS data center all at once? It just doesn't seem like a realistic scenario. Most ways in which Amazon could fail would involve either a bankruptcy spinning out aws into one or more holdings, or years of decline where people switch off of AWS anyway. Sure, if all of those data centers blew up, then yes it would be catastrophic for a few months.
> What I meant by that is also the money can ensure that new laws are not introduced, or investigations not carried out
I see where you're coming from, but it seem a little thin and unspecific. The Amazon Basics thing seems like a bad example. It's the same model grocery stores, Walmart, Lowes, and department stores have used for decades. And no one ever really complained before. In some cases Amazon is white labeling products from the brands they're now competing with. So those companies still capture a lot of the revenue.
Retailers using their data as an advantage to improve sales of own brand products, at the cost of suppliers, is totally standard. It's happening right now in every supermarket (and plenty of other places). Pretending otherwise is silly.
Amazon having a policy of not doing that is exemplary. Amazon failing to meet that in one case is amazon meeting it in 99.9999% of cases.
But people are very quick to see the devil in amazon while others (Walmart for instance) are much worse and get a free pass...