Amazon fined €3.3 million for updating its contractual conditions

Amazon must pay a penalty payment of 3.3 million euros for a delay in compliance with the contractual conditions on Amazon.fr. The decision is taken by the repression of fraud, the DGCCRF (General Directorate for Competition, Consumer Affairs and Fraud Prevention).

Amazon had to modify its contractual conditions before March 22, 2022

In December 2021, the DGCCRF had ordered Amazon to modify, no later than March 22, 2022, certain clauses in its contractual conditions applicable to third-party sellers present on its Amazon.fr platform. There was a significant imbalance of these contract terms in favor of Amazon.

Amazon was fined €90,000 per day late

This injunction was accompanied by a penalty payment of €90,000 per day of delay, applicable in the event of non-performance on the part of Amazon from March 22, 2022. Compliance did not take place until April 28 2022. Therefore, the DGCCRF requests the payment of 3.33 million euros to Amazon, under the penalty.

For the record, on September 2, 2019, Amazon had already been sentenced by the Paris Commercial Court to a fine of 4 million euros, following a summons from the Minister for the Economy. The Court had censured various unbalanced clauses in the contract that Amazon imposed on companies using its online marketplace.

A new investigation in 2020 showed new irregularities

Then, a new investigation, launched in 2020, by the DGCCRF on the contractual conditions imposed by Amazon on third-party sellers had led to the observation of new irregularities with regard to the balance of the contract and compliance with the “Platform to Business” regulation (P to B).

The DGCCRF made use for the first time of its new power of injunction under penalty

Following these observations, the DGCCRF decided to make use, for the first time, of the new power of injunction under penalty provided for by the Commercial Code. This legal tool makes it possible to set dissuasive penalty amounts, which can go up to 1% of worldwide turnover, depending on the seriousness of the breach of economic public order observed.

Amazon was thus asked to quickly make changes to its contractual conditions, by modifying the non-compliant clauses before March 22, 2022, under a penalty of 90,000 euros per day of delay. Despite improvements, several sources of trade imbalance or clauses that did not comply with the “P to B” regulation still remained after March 22, 2022.

A daily fine of €90,000

Therefore, Amazon was subject to a daily penalty of 90,000 euros. New contractual conditions entered into force as of April 28, 2022 to respond to requests from the DGCCRF. Due to the delay in executing the requests sent to it, Amazon must now pay a penalty payment of 3.33 million euros at the end of the checks and a period of adversarial proceedings. imposed by the procedure.



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Amazon fined €3.3 million for updating its contractual conditions


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