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Germany’s Bundeskartellamt has prohibited Amazon from using price-control mechanisms to influence prices charged by third-party sellers on its German Marketplace. The authority says the controls could remove offers or push them out of the Buy Box when it judged their prices too high. The decision, issued on 5 February 2026, also included an initial €59 million recovery of economic benefits—not a fine.
What Germany’s order says
The Bundeskartellamt’s order applies to Amazon.com Inc. and Amazon EU S.à r.l. in relation to third-party sellers on the German Amazon Marketplace. It prohibits the use of the challenged price-control mechanisms to influence those sellers’ prices. The authority says an offer deemed too expensive could be removed from the Marketplace or lose prominence in the Buy Box, where customers encounter prominent purchase options. The Bundesnetzagentur notes that visibility restrictions can cause significant sales losses for sellers. Bundesnetzagentur case summary
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This is a competition-regulator decision, not a general ban on retailers comparing prices or on sellers choosing to compete on price. The case concerns the way Amazon’s platform rules and visibility systems affected independent sellers’ ability to set prices and reach buyers in Germany.
How the price controls worked, according to the regulator
In its June 2025 preliminary assessment, the Bundeskartellamt described dynamic caps calculated using algorithms and statistical models. Those systems considered prices and price components from current or past Amazon offers and external competitors; the resulting caps could change over time. The authority said offers above the levels it considered appropriate could face reduced visibility, including in search results, or other restrictions. These details were the authority’s preliminary account, rather than a court’s findings. Bundeskartellamt preliminary assessment, 2 June 2025
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Before issuing its prohibition on 5 February 2026, the authority had sent Amazon its preliminary legal assessment on 2 June 2025. It said its investigation included a large-scale seller survey and raised concerns under Section 19a(2) and Section 19 of Germany’s Competition Act (GWB), as well as Article 102 of the Treaty on the Functioning of the European Union. The Bundesnetzagentur contributed expertise on transparency and fairness requirements under the EU Platform-to-Business Regulation. Bundesnetzagentur case summary
Why the regulator objected
The Bundeskartellamt’s stated concern was not simply that Amazon monitored prices. It argued that opaque, frequently changing caps could constrain sellers’ pricing freedom and the competitive process. In the authority’s view, sellers might be prevented from covering their costs and could leave the platform; systematic matching of low prices elsewhere could also discourage other retailers from competing on price. These are the regulator’s competition concerns, not a separate court judgment on their effects. Bundeskartellamt preliminary assessment, 2 June 2025
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Why Amazon says it will appeal
Amazon’s Country Manager for Amazon.de, Rocco Bräuniger, said on 5 February 2026 that the company would challenge the decision. Amazon argues the order could require it to promote uncompetitive prices, harming customers, sellers and competition. It also says the decision relies on uniquely German rules and conflicts with EU competition-law consumer standards and Single Market principles. Those are Amazon’s arguments, not the regulator’s conclusions.
“We will appeal this unprecedented regulatory outcome.”
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— Rocco Bräuniger, Country Manager Amazon.de, Amazon’s published response, 5 February 2026. Amazon’s response
The available sources confirm Amazon’s stated intention to appeal but do not establish whether it later filed an appeal, obtained a stay, or received a court ruling. The Bundeskartellamt’s prohibition should therefore be distinguished from any future court decision.
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What the €59 million figure means
The amount associated with the decision is an initial €59 million clawback of economic benefits. It is a recovery, not a fine. A European Parliament document refers to the authority’s requirement that Amazon repay this amount; the dollar figure of roughly $70 million is only an approximate conversion and does not change the payment’s legal character. European Parliament question document
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Product prices and availability are accurate as of the date/time indicated and are subject to change. Any price and availability information displayed on Amazon at the time of purchase will apply.
