Amazon to Competing Online Superstores: You Can’t Touch This

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FTC v. Amazon Court Filing, retrieved on Sep 26, 2023, is part of HackerNoon’s Legal PDF Series. You can jump to any part in this filing here. This is part 17 of 80.

2. Amazon has a dominant share of the online superstore market

166. Amazon maintains a dominant market share when compared to other online superstores. Documents and data, both from Amazon and industry analysts, confirm that Amazon’s share of the overall value of goods sold by online superstores is well above 60%—and rising.

167. Amazon’s market share, when considered in conjunction with other characteristics of the online superstore market including its significant barriers to entry (see Parts V.A.3 and V.C, below), demonstrates Amazon’s monopoly power

168. Gross Merchandise Value (“GMV”) measures the total sales value of goods sold to customers during a given time period and is commonly used to track the market share of online stores. Other financial indicators, such as revenue or net sales, may factor in commission fees or discounts that can vary both within a single store and across different stores. GMV does not. Accordingly, a calculation of Amazon’s GMV captures the total value of goods sold through both its Retail and Marketplace arms. Third-party reports, including those utilized by Amazon, regularly use GMV to compare Amazon to other firms

169. When measured by GMV, Amazon’s business vastly overshadows that of all other online stores in the United States.

170. Industry analysts and industry participants often track Amazon’s U.S. online store by reference to Walmart, Target, and eBay. According to third-party reports that assess market share across these “top-4 general merchandise platforms,” Amazon has maintained an estimated market share of more than 69% of GMV since 2015, with that share growing over time.

Figure 13. Bank of America Global Research.

Figure 13. Bank of America Global Research.

171. Other commercially available data, including recently reported statistics from eMarketer Insider Intelligence, a widely cited industry market research firm, confirms Amazon’s sustained dominance across this same set of companies, with an estimated market share of more than 82% of GMV in 2022.

Figure 14. Source: eMarketer Insider Intelligence (percentages rounded).

Figure 14. Source: eMarketer Insider Intelligence (percentages rounded).

172. Amazon internally maintains (redacted) Amazon had a (redacted)% market share based on U.S. GMV among this set of online stores in 2021.

173. Amazon also (redacted) Amazon uses (redacted)

174. Amazon considers (redacted)

175. (Redacted) Amazon still has a (redacted)% share based on U.S. eCommerce GMV (excluding online perishable grocery sales) among this set of online stores in 2021.

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