German Federal Cartel Office vs. Amazon: What the 59M Fine Means for Sellers

On 5 February 2026, the German Federal Cartel Office reached a historic decision: Amazon may no longer control the prices of marketplace sellers. 59 million euros were skimmed off as an economic benefit. What does this specifically mean for you as an Amazon seller in Germany?

What exactly happened?

The German Federal Cartel Office has prohibited Amazon from using so-called price control mechanisms on the German marketplace. At the same time, 59 million euros were skimmed off as an economic benefit — the very first application of the disgorgement of benefits reformed in 2023.

How did Amazon's price control work?

Amazon deployed various algorithmic mechanisms to check the prices of marketplace sellers. Specifically, it worked like this:

1. Automatic price monitoring: Amazon's algorithms compared sellers' prices with reference prices — including prices on other platforms, historical prices and the prices of other sellers on Amazon.
2. Opaque price thresholds: If a price was classified as "too high", the system intervened. However, sellers did not know by which rules the price limits were set.
3. Buy Box removal: Affected offers lost the Buy Box — the prominent purchase field through which the majority of sales go.
4. Complete removal: In severe cases, offers were removed from the marketplace entirely.

The insidious part: sellers could not understand why their offer suddenly disappeared or lost the Buy Box. The rules were opaque, the notifications inadequate.

The legal basis

The German Federal Cartel Office bases its decision on several legal grounds:

• §19a para. 2 GWB — The special provision introduced in 2021 for large digital companies, which gives the Cartel Office extended powers.
• §19 GWB — The general prohibition on abusing a dominant market position.
• Article 102 AEUV — The European counterpart to the prohibition of abuse.

What changes now for sellers?

The decision brings concrete improvements for Amazon sellers in Germany:

1. More pricing freedom

Amazon may no longer systematically control sellers' prices. You can set your prices freely — based on your actual costs, margins and market strategy, not on Amazon's idea of what is "appropriate".

2. The Buy Box becomes fairer

The Buy Box may no longer be misused as a hidden price control instrument. This does not mean that price no longer plays a role — but it must not be the only lever Amazon uses to discipline sellers.

3. More transparency

If Amazon intervenes in exceptional cases (e.g. in the event of obvious price gouging), this must happen according to clear, comprehensible rules. Sellers must be informed about the parameters, the rule-setting and the reasons for restrictions.

4. Multi-channel becomes more attractive

Without the pressure to offer the lowest price on Amazon, selling through your own shops and other platforms becomes lucrative again. You can set different prices in your Shopify shop than on Amazon — without fear of sanctions.

Amazon's reaction

Amazon is contesting the decision. Germany head Rocco Bräuniger rejected the accusations: the decision is based on a purely German regulation (§19a GWB) and contradicts the consumer-focused standards of EU competition law.

Amazon has one month to file a complaint with the Federal Court of Justice. It can be assumed that Amazon will take this route. Until the final decision, however, the German Federal Cartel Office's requirements already apply.

What should you do now? 5 practical tips

1. Review your pricing strategy

If you have so far lowered prices just to avoid losing the Buy Box — reconsider that. Calculate your actual costs (incl. FBA fees, advertising, returns) and set prices that allow you a healthy margin.

2. Document Buy Box losses

If you have lost the Buy Box in recent months without a cheaper competitor being present: document it. These cases could serve as evidence of the prohibited price control.

3. Use pricing freedom for multi-channel

Now is the perfect time to strengthen your own shop or other marketplaces. You can offer different prices there without being penalised on Amazon.

4. Watch the developments

Amazon is expected to file a complaint. Keep yourself up to date on the progress of the proceedings. We report on all developments here on the blog.

5. Use a repricing tool with a minimum margin

An intelligent repricing tool like the Sellercore Repricer helps you set competitive prices — without going below your pain threshold. Set min/max limits and let the algorithm find the optimal price.

The bigger context: DMA and §19a GWB

The decision does not stand in isolation. It is part of a broader wave of regulation against Big Tech:

• Digital Markets Act (DMA): The EU regulation classifies Amazon as a "gatekeeper" and obliges the group to fair business practices.
• §19a GWB: The German special provision gives the Federal Cartel Office extended powers against large digital corporations — faster and more effective than classic antitrust proceedings.
• Disgorgement of benefits: The option to skim off economic benefits, reformed in 2023, was applied here for the first time. The signal: antitrust violations no longer pay off.

Conclusion: A turning point for Amazon sellers

The German Federal Cartel Office's decision is a clear signal: Amazon may not use its market power to dictate sellers' prices. For sellers, this means more freedom in pricing, more transparency and better planning certainty.

Whether Amazon will challenge the decision before the Federal Court of Justice (and how that turns out) remains to be seen. But one thing is certain: the days when Amazon decided your prices behind closed doors are over.