Margrethe Vestager gives a press conference on the antitrust case against Amazon Marketplace in Brussels. EPA
Margrethe Vestager gives a press conference on the antitrust case against Amazon Marketplace in Brussels. EPA
Margrethe Vestager gives a press conference on the antitrust case against Amazon Marketplace in Brussels. EPA
Margrethe Vestager gives a press conference on the antitrust case against Amazon Marketplace in Brussels. EPA

Amazon strikes deal with EU to close anti-trust probes


Sunniva Rose
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Online retail giant Amazon has reached an agreement with the European Commission to close two inquiries into anticompetitive tactics, notably using third party seller data to improve its own sales.

The agreement allows Amazon to avoid a legal battle with the EU’s top antitrust watchdog that could have ended with huge fines, worth up to 10 per cent of its annual worldwide revenue.

“Today's decision sets the rules that Amazon will need to play by in the future instead of Amazon determining these rules for all players on its platform,” said EU Vice President Margrethe Vestager, as she made the announcement at a press conference in Brussels.

“With these new rules, competing independent retailers, carriers, and European customers will have more opportunity and more choice,” she added.

Amazon has until June 2024 to implement the new rules, which include refraining from using non-public seller data for the benefit of its own retail operations.

The EU considers that Amazon unfairly benefits from its dual role as both a platform where independent sellers can sell their products and as a retailer which is in competition with these independent sellers.

By using data from independent sellers to make its own business decisions, Amazon takes less business risk than these competing sellers which do not have access to such data, according to the EU.

“Our preliminary conclusion was that the use of data was an abuse of Amazon’s dominant position on a marketplace,” said Ms Vestager.

Amazon will also have to apply non-discriminatory conditions and criteria for sellers to access its so-called Buy Box, which offers the option to buy easily and fast, and display a second Buy Box, which will appear when there is a second offer that is different from the first one on price or delivery.

The EU considers that the Buy Box favoured Amazon retail operations. The aim of the second Buy Box is to give more visibility to independent sellers. The Commission will be able to monitor the performance of this second box and request adjustments if consumers are not sufficiently active on it.

Finally, Amazon must stop favouring its own retail and logistics operations when it comes to its Prime service, which is rapidly growing in Europe and also represents the highest spending and most loyal group on the marketplace, according to Ms Vestager.

Prime sellers will be free to choose any carrier for their logistics and carrier services, which is currently not possible. Amazon will not be able to prevent carriers from directly contacting customers to track their parcels.

“We are pleased that we have addressed the European Commission’s concerns and resolved these matters,” Amazon said in a prepared statement.

Amazon’s compliance with the new rules will be ensured by both a complaint mechanism and a monitoring trustee, said Ms Vestager.

These commitments end two investigations into Amazon’s business practices launched by the EU in recent years.

They are in part based on feedback received by the Commission between July and September 2022 from sellers, including publishers, seller associations, carriers, consumer associations, and academics.

The Commission first opened an investigation into Amazon’s use of non-public data of its marketplace sellers in July 2019. It opened a second investigation into Amazon’s buy box in November 2020.

The settlement is the latest round in a long-running Europe-wide crackdown on the market power of tech firms such as Google, Apple and Meta Platforms that has led to multiple probes, fines and beefed-up laws.

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Ten tax points to be aware of in 2026

1. Domestic VAT refund amendments: request your refund within five years

If a business does not apply for the refund on time, they lose their credit.

2. E-invoicing in the UAE

Businesses should continue preparing for the implementation of e-invoicing in the UAE, with 2026 a preparation and transition period ahead of phased mandatory adoption. 

3. More tax audits

Tax authorities are increasingly using data already available across multiple filings to identify audit risks. 

4. More beneficial VAT and excise tax penalty regime

Tax disputes are expected to become more frequent and more structured, with clearer administrative objection and appeal processes. The UAE has adopted a new penalty regime for VAT and excise disputes, which now mirrors the penalty regime for corporate tax.

5. Greater emphasis on statutory audit

There is a greater need for the accuracy of financial statements. The International Financial Reporting Standards standards need to be strictly adhered to and, as a result, the quality of the audits will need to increase.

6. Further transfer pricing enforcement

Transfer pricing enforcement, which refers to the practice of establishing prices for internal transactions between related entities, is expected to broaden in scope. The UAE will shortly open the possibility to negotiate advance pricing agreements, or essentially rulings for transfer pricing purposes. 

7. Limited time periods for audits

Recent amendments also introduce a default five-year limitation period for tax audits and assessments, subject to specific statutory exceptions. While the standard audit and assessment period is five years, this may be extended to up to 15 years in cases involving fraud or tax evasion. 

8. Pillar 2 implementation 

Many multinational groups will begin to feel the practical effect of the Domestic Minimum Top-Up Tax (DMTT), the UAE's implementation of the OECD’s global minimum tax under Pillar 2. While the rules apply for financial years starting on or after January 1, 2025, it is 2026 that marks the transition to an operational phase.

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Businesses that apply the reverse-charge mechanism for VAT purposes in the UAE may benefit from reduced compliance obligations. 

10. Substance and CbC reporting focus

Tax authorities are expected to continue strengthening the enforcement of economic substance and Country-by-Country (CbC) reporting frameworks. In the UAE, these regimes are increasingly being used as risk-assessment tools, providing tax authorities with a comprehensive view of multinational groups’ global footprints and enabling them to assess whether profits are aligned with real economic activity. 

Contributed by Thomas Vanhee and Hend Rashwan, Aurifer

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The material was first discovered when Andre Geim and Konstantin Novoselov were 'playing' with graphite at the University of Manchester in 2004.

Updated: December 20, 2022, 3:53 PM