California Challenges Amazon’s Marketplace Pricing Power, Seeks Injunction

Liz Morton
Liz Morton


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Amazon has long built its brand on low prices and consumer trust. California regulators now argue those prices were not simply the result of competitive efficiency, but of structural pressure designed to prevent lower prices from emerging elsewhere.

Attorney General Rob Bonta has moved for a preliminary injunction in the state’s ongoing antitrust case against Amazon, asking the court to immediately halt what he describes as ongoing anticompetitive pricing conduct rather than waiting for the scheduled January 2027 trial.

The motion marks a significant escalation in the state's strategy as preliminary injunctions require a showing that harm is ongoing and that intervention cannot wait. In other words, California is not framing this as historical misconduct, it's arguing that the alleged behavior continues to shape pricing across the market today.

At the center of the case is whether Amazon used its marketplace dominance to discourage sellers and vendors from offering lower prices on competing platforms.

Price matching itself is not unusual in retail, but the state’s allegations go further. According to Bonta’s filing, Amazon leveraged its control over high-value marketplace visibility — including the Buy Box — to pressure vendors into raising prices elsewhere, removing discounted listings from competitors, or maintaining price parity that kept Amazon positioned as the lowest visible option.

In announcing the motion, Bonta stated:

Amazon doesn’t have cheap prices because of its good business sense. Amazon’s ‘cheap’ prices are the result of intimidation and illegality that drove up prices for consumers across the marketplace...

...Amazon’s scheme is neither subtle nor complex. It is price fixing, plain and simple, black and white, and we're asking the court to immediately halt this conduct while the underlying case proceeds.

The Attorney General contends that discovery uncovered repeated instances in which Amazon, vendors, and competing retailers allegedly coordinated through shared vendors to raise or stabilize prices on other retail sites.

According to the state, the effect was to eliminate downward pricing pressure and protect Amazon’s competitive optics.

The filing describes several alleged mechanisms: when Amazon and another retailer were engaged in price-matching that pushed prices downward, vendors were allegedly pressured to increase retail prices or temporarily remove discounted inventory so both retailers could reset pricing at a higher level.

In other instances, competitors offering discounts allegedly increased prices at Amazon’s request, communicated through vendors. In still others, products were removed from lower-priced platforms entirely, eliminating the cheaper alternative before Amazon adjusted its own pricing upward.

The Attorney General’s office further claims that Amazon merchants are effectively restricted from offering lower prices on competing marketplaces — including Walmart, Target, and eBay — and in some cases even on their own direct-to-consumer websites.

Sellers who fail to maintain pricing alignment allegedly risk losing prominent placement, Buy Box eligibility, reduced visibility, or even suspension from the platform.

Bonta is asking the court not only to halt the alleged conduct while the case proceeds, but also to appoint a monitor to oversee Amazon’s compliance.

Amazon has argued in court that its agreements with merchants are lawful and procompetitive, commonplace in the industry, and beneficial to consumers through increased product selection, appropriate product stocking, and competitive prices.

In a statement to Reuters, Amazon called the Attorney General’s motion “a transparent attempt to distract from the weakness of its case,” noting that the lawsuit was filed more than three years ago and asserting that the purportedly “new” evidence has long been available.

If the court grants the preliminary injunction, Amazon could face immediate limits on how it ties marketplace visibility to off-platform pricing behavior. That would have implications not only for Amazon’s pricing model, but for how sellers approach multi-channel strategy and margin management.

Even if the injunction is denied, the case signals a broader regulatory shift. Antitrust scrutiny is no longer focused solely on mergers or market share metrics. Regulators are increasingly examining the operational mechanics of how dominant platforms govern pricing and enforce compliance inside their ecosystems.

The case is The People of the State of California v. Amazon.com Inc., pending in the Superior Court of California, County of San Francisco (Case No. CGC-22-601826).

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Liz Morton is a 17 year ecommerce pro turned indie investigative journalist providing ad-free deep dives on eBay, Amazon, Etsy & more, championing sellers & advocating for corporate accountability.


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