Amazon fines 90,000 euros per day for “unbalanced” clauses

The DGCCRF also mandated the platform to comply with the European regulation “promoting fairness and transparency for companies using online intermediation services”.

Amazon will be fined €90,000 per day for failing to comply with an injunction from the Fraud Repression regarding the presence of clauses”unbalancedin its contracts with traders who sell through it, the DGCCRF announced in a press release. †We will comply with the decision of the DGCCRF, but we absolutely do not understand it and we are taking it to courtThe e-commerce giant responded in a press release.

The suppression of fraud had instructed Amazon Services Europe to adhere to the presence of clauses “unbalanced and non-compliant in contracts with third-party sellers of the platform“. The platform was also instructed to comply with European regulations”promoting fairness and transparency for business users of online intermediation services

A conviction by the Paris Commercial Court in 2019

Because Amazon Services Europe has not fully complied with the ban communicated to it, there is now a penalty of 90,000 euros per day of delay.‘, said Wednesday’s press release. †The changes imposed by the DGCCRF will prevent us from ensuring effective consumer protection and will allow malicious actors to set excessive prices or spam our customers with commercial offers.‘, the group still regrets. †In particular, the terms and conditions applicable to our marketplace are intended to prevent abuse, including price inflating (…) and other inappropriate behaviour. For example, these rules have made it possible to avoid exorbitant prices for masks or hydroalcoholic gel during the pandemic.», specifies Amazon, which recalls the existence of «many measuresto protect its customers effectively.

In 2019, the Paris Commercial Court, seized by the Repression of Fraud (DGCCRF), sentenced Amazon to a fine of 4 million euros for contractual clauses “clearly unbalancedtowards companies that use its platform. The DGCCRF then noted an asymmetry in the balance of power between the American giant and companies that wanted to sell through it.

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