Bloomberg Law

Did Amazon Trick Customers & Kimmel Returns

Sep 24, 2025
Matthew Schettenhelm, a litigation and government analyst at Bloomberg Intelligence, discusses the FTC's lawsuit against Amazon for allegedly tricking customers into unwanted Prime subscriptions and making cancellations unnecessarily difficult. He also highlights Amazon's potential liabilities and ongoing antitrust threats. Jennifer Rie, a senior litigation analyst, delves into the DOJ's effort to break up Google, explaining findings on Google's monopolization tactics and the potential impact of divestiture on its revenue. The conversation explores the evolving landscape of antitrust litigation.
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INSIGHT

Judge Narrowed Defenses And Threatened Personal Liability

  • The judge limited some of Amazon's defenses and allowed personal liability for officers if violations were knowing.
  • That judicial skepticism increases Amazon's settlement pressure.
INSIGHT

Penalties Could Reach Billions

  • Potential penalties per violation can balloon into billions, but judges must avoid punitive due-process extremes.
  • The FTC also seeks roughly $1 billion in consumer redress based on its expert's calculations.
ADVICE

Settle Early If Jury Reactions Turn Negative

  • Amazon should watch jury reactions and weigh settling before a damaging verdict.
  • Settlement avoids unpredictable civil-penalty exposure and preserves negotiation leverage.
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