Amazon FBA Under Siege: EU Antitrust, UK Buy Box Case, and Italian Appeal Reshape Big Tech in 2026

Amazon FBA is facing a trifecta of antitrust challenges in 2026 that could reshape how the program operates and how sellers use it. In Europe, regulators are expanding the Digital Markets Act to cover cloud services. In the UK, a class action over the Buy Box algorithm just got the green light. And in Italy, Amazon is appealing a record fine over FBA favoritism — even after the penalty was reduced. These developments mark an inflection point for the world's largest ecommerce fulfillment network.

What Is Amazon FBA and Why Regulators Are Targeting It

Amazon FBA (Fulfillment by Amazon) is a service where third-party sellers send their inventory to Amazon warehouses, and Amazon handles storage, packing, shipping, and customer service. In return, sellers get access to Amazon Prime and often win the "Buy Box" — the prominent "Add to Cart" button that drives most sales. According to Amazon, FBA sellers account for over 60% of all units sold on the marketplace.

Regulators argue that Amazon uses its dual role as marketplace operator and competitor to give FBA sellers an unfair advantage. Specifically, they claim Amazon's algorithms favor FBA products over those fulfilled by merchants themselves, even when the latter offer lower prices. This is the core of the Italian antitrust case and the UK class action.

The key change is that regulators are now moving beyond traditional antitrust tools. The EU's expansion of the Digital Markets Act to cloud services signals that Big Tech's infrastructure — not just consumer platforms — is under scrutiny. EU regulators say the DMA should cover Amazon Web Services and Microsoft Azure, potentially forcing them to open up data and ensure fair access.

EU Expands Digital Markets Act to Cloud Services – Amazon Could Be Named Gatekeeper

On July 14, 2026, the European Union announced it is expanding the Digital Markets Act to cover cloud and artificial intelligence services. The move targets major cloud providers like Amazon Web Services (AWS) and Microsoft Azure. The EU is examining whether these companies should be designated as "gatekeepers" for their cloud offerings, which would impose strict obligations on data portability, interoperability, and self-preferencing.

The expansion is significant because it applies the same logic used for social media and search engines to cloud infrastructure. As reported by The Economic Times, regulators are looking at whether Amazon uses its cloud dominance to push its own AI services or restrict competitors. If designated, Amazon would have to allow competitors to interoperate with AWS and could face fines of up to 10% of global revenue for violations.

For FBA sellers, this matters because AWS hosts much of Amazon's marketplace infrastructure. If AWS is regulated, it could force changes in how Amazon processes seller data or allocates compute resources for search and ranking algorithms — potentially leveling the playing field for non-FBA merchants.

UK Competition Appeal Tribunal Certifies £1.3 Billion Buy Box Class Action

On the same day, the UK Competition Appeal Tribunal (CAT) certified a class action against Amazon valued at over £1.3 billion. The case, brought by law firm Hausfeld and backed by litigation funders, represents millions of British consumers who allegedly overpaid because Amazon's Buy Box algorithm unfairly favored its own products or those fulfilled by FBA.

According to the AI Journ report, the CAT ruled that the class action could proceed, rejecting Amazon's attempt to strike it out. The claim covers purchases made from 2016 to 2026. It argues that by using FBA as a ranking signal, Amazon artificially inflated prices because FBA fees are passed on to consumers, yet FBA products still won the Buy Box over cheaper alternatives.

Certification is a major procedural win for the claimants. If successful, affected Amazon customers could receive compensation without having to file individual lawsuits. Amazon has argued that the Buy Box is designed to optimize customer experience, not to prefer FBA. However, internal documents cited in the case suggest Amazon's algorithms explicitly favor FBA due to reliability and speed. The case is expected to go to trial in 2027.

Amazon Appeals Italian Antitrust Fine Over FBA Favoritism

In Italy, Amazon continues to fight a fine originally imposed in 2021. The Italian Competition Authority (AGCM) fined Amazon €1.13 billion for abusing its market dominance by giving FBA sellers preferential treatment in product rankings and Buy Box placement. In January 2026, an administrative court reduced the fine to €752.4 million, but both Amazon and the AGCM are appealing — Amazon wants the fine eliminated, while the regulator wants the original amount restored.

As reported by Hack Diversity, Amazon argues that FBA is a voluntary service and that sellers who don't use it simply lose out on speed and Prime eligibility, not on algorithmic fairness. The Italian case is closely watched because it was one of the first major antitrust decisions to specifically target FBA practices. If the final ruling upholds the fine, it could set a precedent for other EU member states and influence the European Commission's ongoing investigations into Amazon's marketplace.

The Broader Big Tech Context: Carbon Emissions and Regulatory Momentum

The regulatory push against Amazon is happening against a backdrop of growing concerns about big tech's environmental impact. A recent report from The Guardian found that datacentres from Amazon, Microsoft, and Google now produce carbon emissions equivalent to one-third of France's total. As Amazon expands its FBA network and AWS data centers, emissions have surged, prompting calls for stricter environmental rules alongside antitrust enforcement.

This dual pressure — antitrust and environmental — is creating a perfect storm for Amazon. The company now faces regulatory risk on multiple fronts: market dominance, algorithmic fairness, data privacy, and carbon footprint. For FBA sellers, this means uncertainty about the stability of the fulfillment infrastructure they rely on.

What These Cases Mean for Amazon FBA Sellers

The outcomes of these cases could fundamentally alter the economics of FBA.

Scenario 1: EU cloud regulation. If AWS is designated as a gatekeeper, Amazon may be forced to reduce the integration between its marketplace and AWS services. This could slow down product listing updates or search result generation, affecting FBA sellers who depend on real-time data syncing.

Scenario 2: UK class action success. If the Buy Box algorithm is found to discriminate against non-FBA sellers, Amazon might be forced to modify its algorithm. This could reduce the visibility advantage FBA sellers currently enjoy, potentially increasing competition and lowering consumer prices.

Scenario 3: Italian fine upheld. An enforceable ruling against FBA favoritism could force Amazon to stop using FBA as a Buy Box ranking signal. This would be a direct blow to the value proposition of FBA, as many sellers pay for FBA precisely to win the Buy Box.

Case	Jurisdiction	Target	Potential Impact on FBA	Date of Key Development
EU DMA expansion	European Union	Cloud services (AWS)	Could force data portability, reduce lock-in	July 14, 2026
UK Buy Box class action	United Kingdom	Amazon's algorithm	May require algorithmic changes to de-emphasize FBA	July 14, 2026
Italian antitrust fine	Italy	FBA preferential treatment	Could ban FBA as a ranking signal	Appeal ongoing (latest: Jan 2026)

Conclusion: A Turning Point for Amazon FBA?

Amazon FBA is no longer just a logistics innovation — it's a regulatory flashpoint. The simultaneous actions in the EU, UK, and Italy demonstrate that competition authorities are coordinating to address what they see as Amazon's self-preferencing in ecommerce. For sellers, the message is clear: diversify fulfillment strategies and monitor legal developments closely. While Amazon has deep pockets and a strong legal team, the cumulative effect of these cases could lead to the most significant changes to FBA since its launch in 2006.

The year 2026 may well be remembered as the year the big tech regulatory pendulum swung decisively against Amazon's marketplace dominance. FBA sellers who rely solely on Amazon's infrastructure for their business should prepare for a landscape where algorithmic advantages are no longer guaranteed.