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Entering its sixth year in 2000, the company had yet to crack a profit and was mounting millions of dollars in continuous each quarter’s larger than the last.
Nevertheless, a segment of shareholders believed that by dumping money into advertising and steep discounts, Amazon was making a sound investment that would yield returns once e-commerce took off.
Although Amazon has clocked staggering growth—reporting double-digit increases in net sales yearly—it reports meager profits, choosing to invest aggressively instead.
The company listed consistent losses for the first seven years it was in business, with debts of billion.7 While it exits the red more regularly now,8 negative returns are still common.
Due to a change in legal thinking and practice in the 1970s and 1980s, antitrust law now assesses competition largely with an eye to the short-term interests of consumers, not producers or the health of the market as a whole; antitrust doctrine views low consumer prices, alone, to be evidence of sound competition.
Elements of the firm’s structure and conduct pose anticompetitive concerns—yet it has escaped antitrust scrutiny.
This Note argues that the current framework in antitrust—specifically pegging competition to “consumer welfare,” defined as short-term price effects—is unequipped to capture the architecture of market power in the modern economy.
Although Amazon has clocked staggering growth, it generates meager profits, choosing to price below-cost and expand widely instead.
Through this strategy, the company has positioned itself at the center of e-commerce and now serves as essential infrastructure for a host of other businesses that depend upon it.
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