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Court filings show Amazon defeated a lawsuit where eBay had claimed that Amazon coordinated a campaign to poach sellers from its platform

Adi Robertson / The Verge :

The Verge Adi Robertson

Context & Ripple Effects

This closes a two-year arc that began in October 2018, when eBay sent a cease-and-desist letter alleging roughly 50 Amazon sales representatives worldwide were using eBay's own messaging system to recruit its merchants, then escalated into eBay suing Amazon over the alleged poaching campaign.

The defeat matters beyond one suit: it lands while Amazon is simultaneously defending itself against public enforcement, including its motion to dismiss the US FTC's antitrust lawsuit on evidentiary grounds, and after it and Apple beat back a UK consumer suit over reseller restrictions.

First-order effects

  • eBay loses its principal legal lever against Amazon's seller-recruitment tactics, leaving the cease-and-desist route exhausted and any further response confined to product or policy competition rather than the courts.
  • Amazon gains a courtroom precedent that recruiting rival platforms' merchants through their internal messaging channels is not, on this record, actionable coordination.

Second-order effects

  • Other marketplaces weighing similar claims now face a higher bar: the eBay playbook of suing over seller poaching has been tested and failed, pushing disputes toward pricing and exclusivity allegations like those surfacing in California court filings instead.
  • Enforcement pressure shifts to regulators and class actions — the venues where Amazon is already contesting FTC and UK claims — raising the stakes of those cases as the remaining checks on its marketplace conduct.

Third-order effects

  • If the pattern holds — private platform-versus-platform suits failing while regulator and consumer-class challenges also struggle — marketplace conduct ends up governed mainly by Amazon's own policies rather than litigation, concentrating structural power in the largest platform.
  • The divergence between losing private suits and surviving public ones may eventually prompt lawmakers to reconsider whether existing antitrust tools fit multi-sided marketplaces, though which direction that takes is genuinely unresolved.

The trend: Platform-on-platform antitrust litigation is proving an ineffective check on marketplace giants, shifting scrutiny toward regulators and consumer class actions.

Discussion

  • @mrddmia @mrddmia on x
    Cheers to @RepKenBuck, who's been an effective advocate for much-needed antitrust scrutiny of @google. @Jim_Jordan must appoint Buck to lead the House Antitrust Subcommittee. @JoeBiden & @KamalaHarris must not meddle w/ @TheJusticeDept's antitrust lawsuit. @The_IAP is watching ht…
  • @buckforcolorado Ken Buck on x
    It's easy to find common ground when taking on #BigTech and their blatant anticompetitive behavior. cc: @davidcicilline https://www.axios.com/...