A PYMNTS Company

Amazon Pushes Back on Early Discovery in New Jersey Antitrust Case

By  |  September 9, 2026
Amazon

Amazon.com is pushing back against New Jersey’s effort to accelerate evidence gathering in an antitrust lawsuit targeting the company’s delivery network, arguing that the dispute raises labor issues that should be handled by the National Labor Relations Board.

    Get the Full Story

    Complete the form to unlock this article and enjoy unlimited free access to all PYMNTS content — no additional logins required.

    Subscribe to our daily newsletter, PYMNTS Today.

    By completing this form, you agree to receive marketing communications from PYMNTS and to the sharing of your information with our sponsor, if applicable, in accordance with our Privacy Policy and Terms and Conditions.

    The company told a federal court in New Jersey that expedited discovery isn’t warranted in the state’s case, according to a Sept. 8 report by Law360. Amazon maintains that the allegations at the center of the dispute belong before the federal labor agency rather than being fast-tracked through antitrust litigation.

    The lawsuit, filed in August by the New Jersey attorney general’s office, accuses Amazon and several related entities of wielding excessive purchasing power over companies participating in its Delivery Service Partner program and over the drivers those businesses employ. The case is pending in the U.S. District Court for the District of New Jersey.

    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

    According to the National Association of Attorneys General’s description of the litigation, New Jersey alleges that Amazon has monopsony power in markets for delivery-partner services and driver labor. Monopsony power refers to the ability of a dominant buyer — rather than a dominant seller — to influence prices or other commercial terms.

    Read more: Amazon Seeks to Exclude Big Sellers From Automatic £2.7 Billion UK Class Action

    The state contends that Amazon has used that position to weaken competition, contributing to lower driver pay and poorer working conditions. It also alleges that Amazon restricts delivery partners’ ability to serve other customers, limits their growth and takes steps that impede drivers’ ability to organize, according to the association’s summary of the complaint.

    New Jersey further alleges that Amazon restricts competition among delivery-service providers for drivers, limiting workers’ ability to move between employers and reducing pressure for higher wages. The state says the conduct violates Sections 1 and 2 of the federal Sherman Act as well as New Jersey antitrust law.

    Amazon is now challenging the need to move rapidly into discovery. According to Law360’s reporting, the company’s response argues that the case should instead be addressed through the NLRB, placing a threshold dispute over the proper forum ahead of the broader fight over Amazon’s delivery-business practices.

    The case adds to scrutiny of the structure Amazon uses for last-mile deliveries. Rather than directly employing all of the drivers who bring packages to customers’ homes, Amazon relies in part on independent delivery-service businesses operating within its partner program. New Jersey’s lawsuit focuses on whether Amazon’s influence over that ecosystem crosses the line from hard bargaining into unlawful restraint of competition.

    Source: Law360