> The Note closes by considering two potential regimes for addressing Amazon’s power: restoring traditional antitrust and competition policy principles or applying common carrier obligations and duties.
The common carrier approach always seemed like the most rational way to address problems like this. One of the ways companies like Amazon dominate markets is by offering the best products/services. I don’t think there’s an effective way to regulate that away. But if they’re forced to offer their services as common carriers, then the risks of them actually monopolizing their position is greatly reduced.
Really I think if anyone should be forced into common carrier behavior it should be the financial system because of their involvement in payment transfers and power of abuse in cutting off avenues of donation and payment.
While Amazon's infastructure is neat and useful curation is still a valid task which is incompatible with a common carrier status and would be appropriative as it would raise serious questions if they could remove listers for anything not illegal. Like say "autism cures" involving bleach enemas or a guide to engaging in pedophilia. Not to mention functional integral aspects like search ranking would be a matter of "fairness" instead of trying to serve the customer or the company. I can see no way that a forced common carrier on Amazon will be anything but a disaster.
Except as it stands, they're both a market and a seller directly. Similar to Facebook is both a platform and a publisher.
The problem is that a lot of the time the rules are in stark contrast depending on which you are. In the Amazon case, I think product commingling, without distinct labeling is a significant muddy water scenario.
The common carrier approach always seemed like the most rational way to address problems like this. One of the ways companies like Amazon dominate markets is by offering the best products/services. I don’t think there’s an effective way to regulate that away. But if they’re forced to offer their services as common carriers, then the risks of them actually monopolizing their position is greatly reduced.