⚠ Antitrust & RegulationModerate threat
Amazon (AMZN) — threat to the moat
The FTC's case aims at the marketplace's most profitable habits — the self-preferencing and seller fees that fund the flywheel.
Amazon's very success has made it a permanent target for antitrust enforcers1, and the case they are building strikes at some of the company's most profitable practices. The central accusation is that Amazon uses its dominance of the marketplace to squeeze the very sellers who depend on it2 — steering shoppers toward its own products, pressuring merchants to use its fulfillment and advertising, and punishing those who offer lower prices elsewhere. These are precisely the behaviors that turn the marketplace into such a lucrative flywheel, which is exactly why they attract the regulator's attention.
The danger is real because the remedies under discussion would reach the core of the model. Enforcers have floated everything from forcing Amazon to stop favoring its own goods, to separating its marketplace from its logistics business, to constraining the fees it charges sellers. Any of these would blunt one of the interlocking advantages — the self-reinforcing loop of retail, fulfillment, and the high-margin fees levied on third-party sellers — that make the whole enterprise so formidable and so profitable.
The mitigating realities are considerable, however. Antitrust cases against Amazon must overcome an awkward fact: the company is famous for relentlessly lowering prices and improving service for consumers, which is the opposite of the harm antitrust law traditionally exists to prevent. That makes the legal path uncertain and slow, and remedies, when they come, tend to be narrower than the rhetoric. Amazon also has enormous resources to litigate and to reshape its conduct to satisfy the letter of a ruling while preserving its essence.
A long-term owner should view regulation as a durable headwind and cost of doing business rather than a fatal threat. It could trim the marketplace's most aggressive practices, cap some of the seller fees, and impose lasting constraints on self-dealing — real costs at the margin. But Amazon is not one moat but several stacked together, and antitrust tends to attack one practice at a time, while the fulfillment scale, the Prime loyalty, and the AWS franchise stand largely apart from it. The prudent expectation is persistent friction and some lost profit at the edges, not the unwinding of the empire, and the cost of friction already shows up in the accounts: in the third quarter of 2025 Amazon recorded charges of $2.5 billion, primarily for settling a separate lawsuit with the Federal Trade Commission3.
The FTC's case targets the practices behind the two highest-margin retail lines. A remedy that limited fee stacking or ad placement would reach revenue of this size.
Source: Amazon Form 10-K, FY2025 ↗- ReportedAmazon's very success has made it a permanent target for antitrust enforcers, and the case they are building strikes at some of the company's most profitable practices.FTC v. Amazon (W.D. Wash., filed Sept 2023) — monopoly-maintenance suit over marketplace practices: self-preferencing, seller fees, Prime enrollment — Filed Sept 2023; litigation ongoing · publ. 2023-2026 · source ↗
- ReportedThe central accusation is that Amazon uses its dominance of the marketplace to squeeze the very sellers who depend on it — steering shoppers toward its own products, pressuring merchants to use its fulfillment and advertising, and punishing those who offer lower prices elsewhere.FTC v. Amazon (W.D. Wash., filed Sept 2023) — monopoly-maintenance suit over marketplace practices: self-preferencing, seller fees, Prime enrollment — Filed Sept 2023; litigation ongoing · publ. 2023-2026 · source ↗
- ReportedThe prudent expectation is persistent friction and some lost profit at the edges, not the unwinding of the empire, and the cost of friction already shows up in the accounts: in the third quarter of 2025 Amazon recorded charges of $2.5 billion, primarily for settling a separate lawsuit with the Federal Trade Commission.Amazon.com Inc., Form 10-K, FY2025 — segment results (net sales North America $426,305M, International $161,894M, AWS $128,725M; operating income $29,619M, $4,750M and $45,606M of a consolidated $79,975M, against $24,967M, $3,792M and $39,834M of $68,593M in 2024), net sales by product line (online stores $269,287M, physical stores $22,561M, third-party seller services $172,162M, advertising services $68,635M, subscription services $49,619M, AWS $128,725M, other $5,935M), net income $77,670M, and 2025 charges of $2.5 billion recorded in Q3 2025 primarily related to the settlement of a lawsuit with the Federal Trade Commission — Fiscal year ended December 31, 2025 · publ. February 2026 · source ↗