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The FTC says Amazon misled the businesses that paid it to advertise

The FTC says Amazon misled the businesses that paid it to advertise

Photo: Joshua Brown

Amazon may be facing another multibillion-dollar reckoning with federal regulators, and this time the people in the crosshairs are not shoppers but the small businesses and brands that pay Amazon to be seen.

Bloomberg News reported Tuesday that the Federal Trade Commission has prepared a possible complaint against Amazon over allegations that the company misled advertisers. Several state attorneys general are joining the effort. The FTC's consumer protection unit could file a lawsuit or push toward a settlement as soon as this summer.

What the FTC is actually alleging

The investigation centers on whether Amazon properly disclosed how its advertising auctions work and what its pricing terms actually mean. The specific issue drawing scrutiny is something called "reserve pricing," which is the minimum price an advertiser must bid before Amazon will sell them an ad slot. The allegation, as Reuters reported last year, is that Amazon may not have been transparent with advertisers about those minimums or about how the auction process determines what they ultimately pay.

This matters because Amazon's advertising business is enormous. Tens of thousands of brands, from household names to independent sellers, pay Amazon for sponsored placement in search results. When you type "running shoes" into Amazon and the first three results are marked "sponsored," someone paid for that position. If those advertisers were bidding blind because the rules of the auction weren't honestly disclosed, they may have systematically overpaid.

Who actually bears that cost

Advertisers don't absorb higher ad costs quietly. They build them into the prices they charge for products. So if Amazon's ad auction inflated what sellers had to spend to be visible on the platform, at least some of that landed on the consumer in the form of higher prices for ordinary goods. The connection is indirect but real.

The FTC's case is also part of a broader investigation that includes Google, which faces similar questions about whether it misled the businesses that buy ads on its platforms. Together, Amazon and Google account for a dominant share of digital advertising in the United States.

A familiar pattern

This is not Amazon's first large settlement with the FTC. In September, the company agreed to pay $2.5 billion in fines and reimbursements to Prime subscribers to resolve allegations that it had deceived customers into signing up for subscriptions they didn't fully understand they were agreeing to. That settlement established that Amazon, when faced with a sufficiently specific complaint, will pay to make the problem go away.

The same dynamic may play out here. Bloomberg reported the FTC could resolve this through either a lawsuit or a settlement. A settlement would likely involve a fine, potentially stricter disclosure requirements for Amazon's ad business going forward, and monitoring by state attorneys general.

For businesses that buy ads on Amazon, clearer rules around auction pricing would be a meaningful change. Right now, the system is largely opaque. If the FTC forces Amazon to publish reserve price thresholds or explain its auction mechanics more honestly, smaller sellers would be better positioned to know whether they're getting a fair deal or leaving money on the table.

The deeper pattern worth watching is what this says about how federal regulators are now thinking about digital advertising platforms. For years, the business model of auctioning ad slots on a marketplace you also control raised competition questions. The FTC is now pressing a different angle: not just whether the platform is too powerful, but whether it's honest with the people who pay it. That's a fraud and disclosure argument, and it's harder for a company to defend against than an antitrust case, because the question isn't whether Amazon is big but whether it told the truth.

Amazon has not commented. The FTC declined to respond.