Occurred: October 2021
Page published: October 2021 | Last updated: December 2025
Amazon systematically prioritises its own private-label products and brands at the top of search results, sidelining superior third-party competitors and misleading consumers about why certain products are "featured," according to an investigation by The Markup.
What happened
Based on data provided by 3,400 product searchers in January 2021, The Markup found that Amazon brands and exclusives received an 'outsized portion of the top spot on search results' while only accounting for a small proportion of products on the company's platform.
The study used machine learning to determine that being an Amazon brand was the single most predictive factor for achieving a top ranking, accounting for the top spot in 70 percent of cases regardless of quality.
These "rigged" results were often disguised under the label "featured from our brands," which Amazon internally classified as "merchandising" rather than advertising or organic search results, thereby avoiding the standard "sponsored" labels that third-party sellers must pay for.
The Markup also conducted a survey showing that most US consumers are unable to identify Solimo, Pinzon, and other top-selling house brands, many of which are not clearly labelled as owned by Amazon.
Over 150 Amazon house brands and 137,000 unique house brand and exclusive products were identified during the investigation.
Why it happened
The incident is seen to stem from a fundamental conflict of interest: Amazon acts as both the marketplace owner and a primary competitor within that marketplace.
Internal documents and former employees suggested that Amazon executives pressured search engineers to prioritise profitability over customer relevance. By promoting its own brands, which have higher profit margins since Amazon controls the entire supply chain, the company prioritised its bottom line over the "customer obsession" it publicly champions.
Reports also highlighted that Amazon allegedly covertly used proprietary data from third-party sellers to identify successful products, create cheaper knockoffs, and then use its algorithm to ensure those knockoffs outranked the originals.
What it means
For sellers: Small and medium-sized businesses face an unlevel playing field where they must spend heavily on advertising just to compete with Amazon’s "free" top-tier placement. This "pay-to-play" environment erodes the margins of independent entrepreneurs.
For consumers: Shoppers are nudged toward products that may be of lower quality or higher price simply because they are more profitable for Amazon. The lack of clear disclosure prevents consumers from making informed, unbiased purchasing decisions.
For society: The findings have fueled global antitrust momentum. Following the report, the U.S. House Judiciary Committee accused Amazon executives of potentially lying to Congress, and the findings became a cornerstone of the FTC’s 2023 antitrust lawsuit against the company. It highlights the urgent need for "platform neutrality" laws to prevent tech giants from using their gatekeeper status to crush competition.
Amazon A9
Developer: Amazon
Country: USA
Sector: Retail
Purpose: Rank content/search results
Technology: Search engine algorithm
Issue: Accountability; Competition/monopolisation; Confidentiality; Fairness; Transparency
June 2019. The U.S. House Judiciary Committee antitrust subcommittee investigates competitive practices at Amazon, Alphabet, Apple, and Facebook. During the hearings, Amazon associate general counsel Nate Sutton argues that Amazon algorithms 'are optimised to predict what customers want to buy regardless of the seller.'
October 2021. Reuters reveals Amazon documents that show the company has been copying products on its marketplace in India and covertly rigging its search engine algorithm to boost them.
March 2022. The U.S. House of Representatives’ antitrust subcommittee accuses Amazon of lying to Congress about how it treats third-party sellers, including whether it preferences its own brands and exclusive products in search results. It also asked the Department of Justice to investigate Amazon for 'potentially criminal' obstruction of Congress.
April 2022. The Wall Street Journal reports that the U.S. Securities and Exchange Commission is investigating how Amazon discloses its business practices, including its use of third-party-seller data for its private-label business.
September 2023. The U.S. Federal Trade Commission and a coalition of 17 US state attorneys general file a landmark antitrust lawsuit against Amazon, accusing it of being a "monopolist" that uses a suite of "punitive and coercive tactics" to maintain its market dominance.
https://judiciary.house.gov/uploadedfiles/competition_in_digital_markets.pdf
https://docs.house.gov/meetings/JU/JU05/20200729/110883/HHRG-116-JU05-20200729-SD008.pdf
https://joeyzwillinger.medium.com/dear-mr-bezos-e691f6d6d705
https://judiciary.house.gov/uploadedfiles/hjc_referral_--_amazon.pdf
https://judiciary.house.gov/uploadedfiles/letter_-_amazon_misrepresentations_-_10.18.21.pdf
AIAAIC Repository ID: AIAAIC0767