Germany’s War on the Bargain
Germany’s competition watchdog has turned a familiar retail feature into an antitrust offense. In a recent decision, the German Federal Cartel Office (FCO) effectively faulted Amazon for showing shoppers only “price-competitive” offers on its German site.
At first glance, the case looks narrow—a dispute over the mechanics of the “Buy Box,” reminiscent of European actions against so-called “most-favored-nation” (MFN) clauses. In substance, it signals something broader. The decision illustrates two recurring problems in contemporary European competition policy.
First, the FCO privileges speculative theories of harm over observable market effects. Second, national authorities increasingly pursue aggressive ex ante interventions that risk fragmenting the EU’s single market, rather than harmonizing it.