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As the market makers they have data which is otherwise only available to the sellers themselves. If they have to buy market intelligence from third parties it won't be as good, plus those third parties now have intelligence about what intelligence Amazon is willing to pay for which I'm sure they can sell on to the highest bidder.


Could the left hand sell said data to market research analysts first, before the right hand buys their reports?


Well, yes, and that's not some circumvention of measures like this, but the intent of these sorts of anti-competitive laws.

Amazon can use the same data they've been using all this time, but they must not put themselves in a special position in acquiring that data. If they want to publish their sales data for free or for a price that they themselves pay, that's fine, as long as others can also get the data.


Wouldn't selling it, perhaps not be particularly fair. Like, couldn't they sell it at a price that would eat up all potential profits from the company using the data. But it'd be fine since they could run that segment of the company at a loss to bolster profits in other parts of the company?


They'd have to sell the data to a third party, who would only be willing to pay market rates (they'd profit more from reselling that data to multiple parties).

Colluding to increase the base rate would be a kind of price fixing (i.e. illegal) and having the third party increase the margin wouldn't benefit Amazon at all.

EDIT: remember if the data is actually valuable, then Amazon could sell it for MORE than it costs to buy it back, since the third party can recoup its costs from multiple purchasers. (So the market mechnism helps make the data more accessible and broadly useful.)


At that point, Amazon’s data will be up for sale for everybody else to buy too, which fixes the problem.


The Five Eyes approach! Amazon, Apple, Google, Facebook and eBay could all share their customer data with each other.




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