Sources: Lina Khan is advancing an FTC investigation into AWS, started in 2019, including whether AWS discriminates against non-exclusive clients
The U.S. Federal Trade Commission is pushing forward with antitrust scrutiny of Amazon.com Inc.'s cloud computing business, according to people familiar with the matter.
Context & Ripple Effects
This probe has been running quietly for two years: FTC investigators opened the AWS file in 2019 as an offshoot of their e-commerce work, asking software companies about Amazon's cloud practices months before the commission formally widened its Amazon review. The new development is that Lina Khan — whose appointment prompted Amazon to formally seek her recusal over her pre-FTC criticism of the company — is personally advancing it rather than letting it idle.
First-order effects
- Software firms that run workloads on AWS while competing with Amazon now have a credible avenue to raise complaints about discriminatory treatment of non-exclusive clients, since the FTC is actively soliciting exactly this evidence.
- AWS faces the prospect of its discounting and bundling terms toward customers who also buy from rivals being treated as exclusionary conduct, putting contract design under antitrust review.
Second-order effects
- Amazon's recusal campaign against Khan sharpens from a PR dispute into a legal shield attempt, because a chair she cannot recuse from could greenlight a case touching the company's highest-margin business alongside the marketplace complaint the FTC is honing.
- Rival clouds gain a regulatory opening: if exclusivity-linked discounts become an FTC target at AWS, Microsoft — itself under a Khan-opened FTC probe Ferguson is carrying forward — and other providers face pressure to justify similar contract structures rather than exploit them.
Third-order effects
- If the pattern holds, cloud infrastructure joins retail marketplace as a standing FTC litigation front, meaning hyperscaler contract terms — exclusivity discounts, bundled commitments — get redesigned defensively across the industry regardless of which chair sits atop the commission.
- The probe's survival across leadership transitions points to Big Tech antitrust becoming institutionalized at the FTC rather than personality-driven, raising the baseline compliance cost of dominant-platform contract terms.
The trend: FTC scrutiny of Big Tech is broadening from retail marketplaces into cloud infrastructure and proving durable across leadership changes, making platform contract exclusivity a recurring enforcement target.