IP, AT, and AAAs: What Intellectual Property Can Teach Antitrust about the War on Amazon Basics
Abstract
This article examines the intensifying scrutiny of Amazon’s private label brand, Amazon Basics, by antitrust enforcers and legislators in the United States and Europe. Osenga argues that the criticisms levied against Amazon—particularly for alleged self-preferencing and misuse of third-party seller data—ignore the competitive benefits of private label goods and apply a double standard compared to brick-and-mortar retailers. Drawing on principles from both intellectual property and antitrust law, the article asserts that private label offerings like Amazon Basics are pro-competitive and IP-compliant, enhancing consumer choice, lowering prices, and increasing innovation. It critiques recent lawsuits, legislation such as the American Innovation and Choice Online Act, and European regulatory measures as misguided overreaches. Ultimately, the article contends that these enforcement efforts threaten to stifle the very competition and innovation that antitrust and IP laws are designed to promote.
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