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Chronicles

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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.

Bloomberg

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.

Discussion

  • @zainabfattah Zainab Fattah on x
    AWS dominates the market for foundational cloud-computing technology that provides the storage and computing power needed to run applications. Amazon held 41% of the cloud-computing market in 2020, followed by Microsoft Corp.'s Azure at 20%. https://www.bloomberg.com/... via @bpo…
  • @annaedge4 Anna Edgerton on x
    Scoop from @damclaugh @dinabass @NaomiNixWrites: FTC is asking other companies for documents about Amazon's cloud computing business https://www.bloomberg.com/... via @business @technology