"including it in the case at all makes the argument untimely"
Yes, Your Honor, I killed that person in 2019, but you're late to the game and that date is expired.
Sure. Play it your way. That always works with a judge.
Amazon is asking a judge to dismiss the antitrust case filed against it by the Federal Trade Commission and 17 states, arguing the case fails to allege any anticompetitive conduct or harm to consumers from its behavior. According to the motion to dismiss [PDF] filed by Amazon's lawyers Friday, the practices the FTC singled out …
The FTC is missing a trick by focusing on the money alone. And Amazon is digging it's own little ditch by highlighting that, so long as the FTC pulls it's head out.
Moves like Amazon basic, and the promotion of "prime" allow inferior products to flood the market. The consumer spends less and gets timely delivery, sure. But they are receiving considerably less for their money's worth and Amazon's systems - both through a lack of product curation and a lack of verification of reviews - are causing that to impact the whole market. That is a clear injury to consumers.
That online sellers going through Amazon need to use its fulfillment service to qualify for free shipping is indeed not anti-competitive behavior. Amazon can only provide its own services for free, anyone else's shipping is something somebody has to pay for - whether the seller or Amazon itself to make it "free". As far as the rest of the complaint goes, though, I would have been inclined to view it as valid.
The FTC's complaint is deeply flawed as it challenges practices that are procompetitive, good for consumers, and common across retail
The "consumer" in this FTC complaint is not the end consumer of the goods. It is the smaller businesses Amazon is strategically undercutting based on inside information only it knows, from its dominant position of gatekeeper. That's where the antitrust arises, Amazon knows it, and is trying to deflect attention away from that. Lawyers doing their jobs, sure. But it's a flimsy argument at best, wastes the court's time, and frankly any such bullshit should result in an immediate finding against the side spewing said bullshit.
Amazon is often cheaper
Amazon often has free delivery
Amazon often has free returns
If others wish to compete they need to match that, not charge me $$$$ for the privilege of spending my money on their store.
If I am unsure about things on Amazon I usually use a physical shop.