Amazon e-Book Buyers Move Closer to Class Certification in Antitrust Case

The recommendation represents a significant step for consumers pursuing claims that Amazon unlawfully monopolized the market for electronic books. The report containing the recommendation was unsealed Thursday, Law360 reported on Oct. 2.

The litigation is pending in the U.S. District Court for the Southern District of New York and is assigned to U.S. District Judge Gregory H. Woods, according to Law360’s case docket. The matter is identified as In Re Amazon.com, Inc. eBook Antitrust Litigation, case No. 1:21-cv-00351.

The consumers allege that Amazon’s conduct improperly restricted competition in e-book sales and resulted in purchasers paying more than they would have in a competitive market, according to Law360’s coverage of the litigation. The dispute has focused on Amazon’s relationships with major publishers and contractual arrangements that plaintiffs contend limited price competition.

We’d love to be your preferred source for news.

Please add us to your preferred sources list so our news, data and interviews show up in your feed. Thanks!

Add as Preferred Source

The latest recommendation follows several years of litigation over whether the claims against Amazon can proceed. In March 2024, Woods allowed the monopolization claims against Amazon to continue while dismissing claims against five major book publishers, according to Law360. Those publishers included Hachette Book Group, HarperCollins Publishers, Penguin Random House and Simon & Schuster, among others identified in Law360’s case materials.

Related: Apple and Amazon Hit With Revived UK Competition Case

Amazon subsequently sought reconsideration of that ruling or permission to pursue an immediate appeal, Law360 reported. The court later rejected Amazon’s attempt to obtain an interlocutory appeal, concluding in March 2025 that the company had not established grounds for an immediate review of the decision permitting the monopolization case to proceed.

The class-certification fight could substantially increase Amazon’s potential exposure because certification would allow tens of millions of purchasers to pursue their claims collectively rather than through individual lawsuits.

Amazon has opposed class certification. According to earlier Law360 reporting summarized on the publication’s case page, the company argued in September that certification should be denied because a significant portion of the proposed class benefited from the business practices being challenged.

The magistrate judge’s recommendation does not itself represent a final judgment on the underlying antitrust allegations. The case would still have to proceed through additional litigation before Amazon could be held liable, and the district court retains responsibility for acting on the recommendations.

Source: Law360