On Thursday 4 May, the European Commission adopted a decision approving the commitments proposed by Amazon in the framework of e-book contracts.
Amazon is undertaking not to require its contractual partners to apply similar or less favourable clauses, in terms both of pricing and economic models, to its competitors. The contractual partners will also be able to terminate contracts if the provisions of these link potential discounts on e-books to maintaining their retail prices on competing platforms ('discount pool provisions'). This decision applies to both existing and future contracts. By withdrawing all of the clauses in question from its contracts, Amazon is able to give the Commission assurances that it is not abusing its dominant position on the market (article 102 of the Treaty on the Functioning of the European Union).
The European Commissioner for Competition, Margrethe Vestager, welcomed a decision that will allow publishers and competitors to develop innovative services in the field of e-books, thereby increasing the range on offer and competition, to the benefit of European consumers.
The European Commission opened a formal investigation procedure in June 2015. It had concerns that Amazon's clauses, also known as 'most-favoured-nation clauses', put potential competitors at a disadvantage and hindered innovation and the production of e-books.
The institution furthermore launched consultations on 24 January of this year, to allow the parties involved in this type of contract with the American company to come forward with their observations. (Original version in French by Lucas Tripoteau)