D.C. Court Rules AG’s Price-Fixing Claim Against Amazon Can Proceed

Washington, D.C., can proceed with its price-fixing antitrust claim against Amazon, the District of Columbia Court of Appeals ruled Thursday. The ruling reversed a trial court’s dismissal of the case (docket 22-CV-0657). The district's then Attorney General Karl Racine (D) filed the lawsuit in 2021, claiming Amazon used “restrictive contract provisions and agreements” to fix prices across the internet and prevent third-party sellers from lowering prices on other websites. In 2022, the Superior Court of the District of Columbia sided with Amazon, dismissing the case without providing specific reasons. The AG’s office described the dismissal as a “confusing oral ruling” that misapplied antitrust law. District officials claimed the trial court misconstrued aspects of a “restraint-of-trade claim” and “failed to accept the ... factual allegations as true,” according to the filing. In an opinion for the appeals court, Associate Judge Corinne Ann Beckwith wrote, “We hold that the District alleged sufficient facts to survive the motion to dismiss and therefore reverse the judgment of the Superior Court.” AG Brian Schwalb (D) said Thursday: “We will continue fighting to stop Amazon’s unfair and unlawful practices that have raised prices for District consumers and stifled innovation and choice across online retail.” Amazon, in a statement Thursday, said it disagrees with the city’s claims and looks forward to “presenting facts in court that demonstrate how good these policies are for consumers.” Amazon doesn’t “highlight or promote offers that are not competitively priced,” it said. “It’s part of our commitment to featuring low prices to earn and maintain customer trust, which we believe is the right decision for both consumers and sellers in the long run.”