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The FTC’s cheering of a failed merger shows its disdain for consumers

Since when do government agencies applaud business deals that fall apart, resulting in hundreds of layoffs and loss opportunities for consumers who depend on those products?

That’s what happened earlier this month, when the Federal Trade Commission issued a press release applauding the failed $1.7 billion acquisition of the technology firm iRobot by the ecommerce giant Amazon.

The FTC, as well as Democratic Senators and competition regulators in the European Union, were hostile to the deal as they claimed it would “harm” competition for robot vacuum cleaners, one of the main consumer products made by iRobot, including its signature Roomba, one of the first products of its type. UK regulators disagreed and green-lit the deal back in June 2023.

Once the termination of the deal was announced, iRobot said it would be forced to lay off 31% of its employees – over 350 of them – and likely pause new projects. Their CEO also stepped down amid a falling stock price.

In response to the news, the FTC gloated that the transaction fell apart:

“We are pleased that Amazon and iRobot have abandoned their proposed transaction. The Commission’s probe focused on Amazon’s ability and incentive to favor its own products and disfavor rivals’, and associated effects on innovation, entry barriers, and consumer privacy. The Commission’s investigation revealed significant concerns about the transaction’s potential competitive effects. The FTC will not hesitate to take action in enforcing the antitrust laws to ensure that competition remains robust.”

Federal Trade Commission Associate Director for Merger Analysis Nathan Soderstrom

The failure of business mergers and acquisitions aren’t uncommon. Whether it be because of stockholder pressure, regulatory concerns, or mismatch of company cultures, deals like this fall apart all the time as often as they succeed. This cycle, caused by market forces, is healthy for innovation, better allocation of capital, and more options available for consumers in the market.

However, if the failure of a business deal and then a company comes at the hands of a regulator, that’s an entirely different matter. One that should leave us asking hard questions of the officials at these agencies, and whether they’re really looking out for consumers’ best interest.

The impact of such failures on consumers should not be lost.

With the failure of this acquisition, and without new innovative products or injections of capital, the maker of one of the first robotic vacuums purchased by millions of Americans and global consumers will likely end up a shadow of its former self. One more product will disappear from physical and online retail shelves, giving consumers less choice than they had previously.

There will still be plenty of options for consumers who want a robotic vacuum in their home, but the significant blow to iRobot means fewer consumers will be able to benefit from the new products and services that could have spawned as a result of this merger.

Armed with Amazon’s vast inventory, its capital, and its supply chain, as well as the current demand for artificial intelligence products consumers can use in their homes, we can only imagine what this partnership could have produced.

This leaves us asking an important question: had Amazon been allowed to purchase iRobot, would it have put other companies at a disadvantage? Would it have squelched competition in robotic vacuum cleaners? Would it have reduced choice and options for consumers? Or would it have led to significantly more innovations and products that we could have benefited from?

Put simply, we just don’t know. But neither does the FTC nor the EU regulators who also shot this deal down. Rather than increasing competition or denying an advantage, the FTC has managed to kill off the opportunities for an American company to grow and succeed, as well as the consumers who benefit from these products.

This has been a key mantra of the FTC during this administration, seeking to put halts on mergers and acquisitions for grocery stores, technology companies, and even healthcare firms, as my colleague Kimberlee Josephson eloquently puts here. These are robust and competitive sectors that are continuing to deliver innovation to consumers, and would benefit from having more not fewer companies.

Instead of a win for consumers as the FTC claims, all we have now is a failed business deal, a company in shambles, and an uncertain path for the open market of robotic vacuums. All in the name of “protecting the consumer”.

Since when should our regulatory agencies, which act in our name, cheer and applaud when deals like this lead to layoffs, declining revenues, and fewer options for consumers? That seems like not only poor in taste, but harmful to our own economic prospects and choices as customers.

If consumers aren’t scratching their heads yet, they definitely should be.

Biden’s FTC is declaring war on consumer preferences in their latest Amazon antitrust lawsuit 

FOR IMMEDIATE RELEASE | September 26, 2023

The FTC’s latest Amazon antitrust case seeks to end your consumer preferences

WASHINGTON, D.C. – This morning, the Federal Trade Commission launched another antitrust lawsuit against the tech firm Amazon, claiming that unique offerings to Amazon Prime subscribers, including faster logistics, bundled services, and low prices, are somehow harmful to consumers and should result in the company being broken up.

Yaël Ossowski, deputy director of the Consumer Choice Center reacted to the lawsuit:

“Consumers know they’re getting a myriad of benefits with their Prime subscription, whether that’s faster delivery, cheaper prices, or bundled services like data storage and content streaming. That’s what consumers want, and why millions buy from Amazon everyday.

“I think many Americans would be appalled if they learned what Biden’s FTC is proposing with these lawsuits: that Amazon Prime, as it stands, should cease to exist.

“That the FTC would waste their resources going after an innovative company that consistently offers value for consumers reveals more about the agency’s political grudge than any perceived harm to consumers. Consumers have overwhelmingly had their welfare increased because of Amazon’s products and services. Government efforts to break that up are harmful to consumers.

“Behind the U.S. military, Amazon is the most favorable institution in the country, mainly because millions of consumers have had experience with Amazon’s platform, have been employed by the company, or have used their services in any way,” said Ossowski.

“It is well known FTC Chair Lina Khan has spent her career trying to build an antitrust lawsuit against Amazon, as is revealed in her 2017 article on “Amazon’s Antitrust Paradox, but those efforts fall flat with consumers who benefit and appreciate their services.”

“As we mentioned in our USA Today oped on this topic, consumers have voted with their wallets when it comes to Amazon’s services, including Amazon Prime. That an agency of the federal government would spend valuable time and resources trying to punish a company for offering too many affordable products and services in a unique way only seems laughable,” added Ossowski.

Contact

Stephen Kent, Media Director

Stephen@consumerchoicecenter.org 


The CCC represents consumers in over 100 countries across the globe. We closely monitor regulatory trends in Ottawa, Washington, Brussels, Geneva, Lima, Brasilia, and other hotspots of regulation and inform and activate consumers to fight for #ConsumerChoice. Learn more at consumerchoicecenter.org.

***Please send media inquiries to yael@consumerchoicecenter.org.***

FTC sues Amazon Prime for being too affordable and too convenient for consumers 

WASHINGTON, D.C. – On Wednesday, it was reported that the Federal Trade Commission has filed a lawsuit against the tech firm Amazon, claiming that its Prime subscription has “tricked” unwitting consumers by offering lower prices and faster delivery for customers who sign up for the service. The suit claims the company has “trapped” customers into Prime subscriptions.

Yaël Ossowski, deputy director of the Consumer Choice Center reacted to the lawsuit:

“Consumers know they’re getting a myriad of benefits with their Prime subscription they can cancel at anytime, whether that’s faster delivery, cheaper prices, or bundled services like data storage and content streaming. That’s what consumers want.

“That the FTC would waste their resources going after an innovative company that consistently offers value for consumers reveals more about the agency’s political grudge than any perceived harm to consumers. Consumers have overwhelmingly had their welfare increased because of Amazon’s products and services.

“Behind the U.S. military, Amazon is the most favorable institution in the country, mainly because millions of consumers have had experience with Amazon’s platform, have been employed by the company, or have used their services in any way,” said Ossowski.

“It is well known FTC Chair Lina Khan has spent her career trying to build an antitrust lawsuit against Amazon, as is revealed in her 2017 article on “Amazon’s Antitrust Paradox”, but those efforts fall flat with consumers who benefit and appreciate their services.”

“Consumers have voted with their wallets when it comes to Amazon’s services, including Amazon Prime. That an agency of the federal government would spend valuable time and resources trying to punish a company for offering too many affordable products and services in a unique way only seems laughable,” added Ossowski.


The CCC represents consumers in over 100 countries across the globe. We closely monitor regulatory trends in Ottawa, Washington, Brussels, Geneva, Lima, Brasilia, and other hotspots of regulation and inform and activate consumers to fight for #ConsumerChoice. Learn more at consumerchoicecenter.org.

**Please send media inquiries to yael@consumerchoicecenter.org.***

Why Amazon’s investment in Deliveroo could be good news for consumers

In May 2019 the global e-commerce powerhouse Amazon invested roughly 500 million USD in the British food delivery service Deliveroo leading to a 16% equity stake in that company. The British competition watchdog Competition and Markets Authority (CMA) issued a statement asking both companies for concessions (usually agreeing to sell off some businesses or leave some markets to reduce market shares) in order to see the deal green-lighted. While the battle for leadership in the global ready-to-eat meal delivery market has been on for years, Amazon’s (re-)entry in this market might be excellent news for consumers.

Right now Deliveroo is mainly active in European markets (though it left one of its main markets, Germany, earlier this year due to labor disputes) and currently expands into Asian countries. It competes with similar companies such as UberEats or Delivery Hero. As an early adopter of such services I have tried most of them in various European cities. One common weakness of their offering can be seen in their predominating business attitude of focussing more on acquiring and keeping more restaurants on their platform instead of servicing their (ordering end-) customers.

Some of the poor customer experience can be seen in the lack of standardized (or non leaking) packaging and usually little to no help in case of missing items, cold food, or massive delays. Customer service usually tells you that they are merely the broker and are not liable for the restaurants faults. And while the platforms usually refund you for missing food, this is usually not what you want when you are very hungry on a Friday evening and need to rush to the movies (such a situation and a no-show of my pizza was when I deleted Deliveroo from my phone).

Amazon tried restaurants once before and failed in the UK market. They might have been too early or were not able to get sufficient market shares quickly enough. Their new and very pricey attempt to get back into the European ready-to-eat meal delivery should be applauded by consumers:

Amazon is one of the most customer-centric companies out there. The consumer is usually always right and Amazon is there to make it right. Amazon’s grocery service Fresh is a great example on how to constantly provide customer service on a high level.

That consumer focus is currently lacking in the food delivery sector. A strategic investment in food delivery companies with combined know how transfer and keeping the importance of the end user in mind could really bring food deliveries to the next level. Great for everyone who does not have time to cook a meal every evening!

Apparently the CMA sees this differently. The BBC reports:

But, on Friday, the regulator said Amazon had failed to deal with "initial concerns that their investment in Deliveroo could be bad for customers, restaurants and grocers".
The CMA is worried that Amazon's plans to invest in Deliveroo could stop it from launching a rival company, which would increase competition and potentially lower prices for consumers.

If competition watchdogs now stop any attempt of horizontal integration of companies because they are worried that this would stop the creation of new companies we would open the floodgates of antitrust litigation.

“There are relatively few players in these markets, so we’re concerned that Amazon having this kind of influence over Deliveroo could dampen the emerging competition between the two businesses.”

CMA executive director Andrea Gomes da Silva

Let’s also keep in mind that the meal delivery market is losing hundreds of millions a year in the UK alone. The CMA stopping consolidation of the market will also prevent this sector to turn profitable in the near future – and that could jeopardize the success of this entire industry in Europe.

Source: https://www.statista.com/statistics/760546/deliveroo-income-loss/

I really hope that the CMA will listen to consumers that actually use food delivery services and don’t just stick to the old antitrust textbook of an analogue world or the pressure from brick and mortar retailers who might have missed the train of going digital and convenient. A dash of Amazon’s customer-centricity might make me reinstall Deliveroo and use it for good.

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