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Judge Rules Amazon Must Face Audiobook Antitrust Suit from Independent Authors

By  |  June 12, 2025

Amazon will have to defend itself in court against allegations that its audiobook platform, Audible, unfairly dominates the retail market to the detriment of independent authors, a federal judge ruled Wednesday.

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    According to Reuters, U.S. District Judge Jennifer Rochon denied Amazon’s attempt to dismiss a proposed class action lawsuit brought by author Christine DeMaio, who writes under the pseudonym CD Reiss. The suit, filed in Manhattan federal court, claims Amazon’s practices violate antitrust laws by creating a system that penalizes authors who do not grant Audible exclusive distribution rights.

    At the center of the case is Audible’s royalty structure. Per Reuters, authors who agree to distribute their audiobooks exclusively through Audible for 90 days receive a 40% royalty, while those opting for broader distribution are offered just 25%. DeMaio argues this model coerces authors into exclusivity, effectively giving Amazon an unfair advantage in the marketplace.

    The complaint contends that Amazon’s dominance—through Audible—has forced self-published writers to overpay for distribution if they decline exclusivity. The lawsuit points to Audible’s estimated control of more than 60% of domestic audiobook purchases, vastly outpacing Apple’s roughly 20% share, as evidence of Amazon’s market power.

    Read more: UK Competition Authority Wins Promises from Amazon to Tackle Fake Online Reviews

    In seeking dismissal, Amazon argued that there was no proof its royalty incentives led authors to enter exclusive contracts and maintained that it is lawful to prioritize promotion of its exclusive content. However, Judge Rochon found the allegations sufficient to allow the case to proceed, stating that DeMaio had plausibly argued that Amazon’s practices may stifle competition and harm authors.

    Amazon and Audible did not immediately respond to requests for comment, Reuters reported. The company has previously defended its audiobook business as “healthy and competitive.”

    The plaintiffs, led by DeMaio and represented by attorney Steve Berman, are seeking over $5 million in damages and class-action status for what could include thousands of similarly situated authors. Berman, according to Reuters, expressed optimism about moving forward with the case in light of the judge’s ruling.

    Source: Reuters