Introduction
Amazon is challenging a book delivery fee imposed by France, arguing that it constitutes discrimination and violates European Union law.Context
France's attempts to safeguard its cultural heritage often conflict with major tech companies, particularly Amazon. In October 2023, Paris instituted a €3 (approximately $3.31) fee on book deliveries to support local independent bookstores against competition from Amazon, which had previously charged only one cent. This fee is exempt for purchases exceeding €35.Developments
Amazon has contested the fee at France's highest administrative court, which has asked the Court of Justice of the European Union (CJEU) for guidance. Amazon's lawyer, Yann Utzschneider, described the fee as a discriminatory measure favoring physical retailers in France, arguing that it undermines the EU's single market principles and violates the EU e-commerce directive governing online sales.Utzschneider further noted that larger retailers, such as FNAC and Carrefour, benefit from the fee since customers can collect their purchases in-store to avoid additional charges.
In defense of the fee, French lawyer Brice Fodda asserted that large online retailers hold an unfair advantage over smaller competitors, leveraging their delivery services to distort competition in the book market.
The European Commission also criticized the fee, suggesting it is designed to shift market dynamics against Amazon. Commission lawyer Bruno Stromsky raised questions regarding the necessity of protecting French independent bookstores, highlighting that the country boasts a network of 3,300 independent bookshops, making it the densest such network globally.