The Repression of Fraud (DGCCRF) is calling on the giant Amazon to pay a penalty of 3.3 million euros for delays in complying with the law.
The Repression of Fraud (DGCCRF) is ordering Amazon to pay 3.3 million euros in fines for a “delay in bringing into compliance” with its contracts with retailers selling products on its platform. The organization recalls in its press release that last December it had called on Amazon “to change as soon as possible, and no later than March 22, 2022, certain clauses in its contractual conditions applicable to third-party sellers present on their Amazon.fr platform. The DGCCRF induces a significant imbalance in these contractual conditions in favor of Amazon”.
This order was accompanied by a compulsory fine of 90,000 euros per day of delay “applicable in case of non-compliance by the company Amazon from March 22, 2022”, she clarifies, but “in light of a late compliance on April 28, 2022, the DGCCRF requests the payment of 3.33 million euros to Amazon under the fine .
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4 million euros in fines in 2019
In 2019, the company was fined 4 million euros by the Paris Commercial Court “following a summons from the Minister of Economy”, as the court censured “various unbalanced clauses in the contract that Amazon imposed on companies that used its online marketplace”, further recalling the fraud crackdown.
She points out that a new investigation, launched in 2020 by the DGCCRF’s National Investigation Service (SNE) into the contractual conditions imposed by Amazon on third-party sellers, “had led to the discovery of new irregularities”.
“Following these conclusions”, the DGCCRF states that it has decided “to make use, for the first time, of the new power of injunction under penalty under the Commercial Code”, a legal tool that allows for deterrent fine amounts to be set which can go up to 1% of global turnover, “depending on the seriousness of the observed breach of economic public order”.
Amazon will appeal the decision
Upon request on Tuesday evening following the publication of an article by Les Echos reporting on this affair, a spokesperson for Amazon France assured that the DGCCRF had “acknowledged” that the changes made in April by the platform were “in accordance with its mandate” .
“However, we continue to disagree with the DGCCRF on its findings, its decisions and the related penalty, and we are challenging each of them in court. We remain committed to providing the best experience for our customers and partner sellers,” this spokesperson added.