Kristina Roberts
Amazon is fighting against a decision by the European Union that labels it as a “very large online platform” (VLOP), which comes with stricter rules under the Digital Services Act (DSA). The company recently argued in court that this label is unfair because it believes its platform does not create widespread risks for users. The case is being heard in Europe’s second-highest court, the General Court in Luxembourg.
The DSA is a set of laws introduced in 2022 to make big tech companies more responsible for illegal or harmful content on their platforms. Under these rules, companies labeled as VLOPs must follow tougher guidelines, including better risk management, regular audits, and sharing data with authorities. Amazon, however, claims that these rules do not make sense for online marketplaces like theirs.
During the court hearing, Amazon’s lawyer, Robert Spano, argued that the company’s size does not automatically mean it poses higher risks. “Online marketplaces like the Amazon Store do not pose systemic risks,” he said. He also added that the VLOP rules are not helpful in stopping illegal or counterfeit goods from being sold. “The VLOP rules therefore make no sense when applied to online marketplaces,” Spano told the court.
Amazon’s main point is that even if some bad products slip through, the problem does not affect all users at once. The company says it already follows many product safety laws and that the risks are limited to individual cases rather than being a widespread issue. “When it comes to marketplaces like the Amazon Store, size does not multiply risk. It is an arbitrary, disproportionate and discriminatory metric,” Spano argued.
The European Commission, which enforces the DSA, has not yet responded publicly to Amazon’s arguments. The court is expected to make a decision in the coming months. If Amazon wins, it could mean fewer strict rules for the company. However, if the EU’s decision stands, Amazon will have to follow the tougher VLOP requirements.
Amazon is not the only company challenging the DSA. Other big tech firms like Meta (the parent company of Facebook and Instagram), TikTok, and German online retailer Zalando have also filed cases against the EU’s rules for different reasons. These legal battles show how tech companies are pushing back against regulations they believe are unfair or unnecessary for their business models.
The outcome of this case could have big implications for how online marketplaces are regulated in Europe. If Amazon succeeds, it might encourage other companies to challenge similar rules. On the other hand, if the EU wins, it could strengthen its ability to enforce stricter controls on major tech platforms.
For now, Amazon continues to operate under the VLOP rules while the court decides. The company’s argument focuses on the idea that being big does not always mean being risky. Whether the court agrees or not will shape the future of digital regulation in Europe.
This legal fight is part of a larger debate about how much control governments should have over big tech companies. While the EU believes stricter rules are necessary to protect users, companies like Amazon argue that the rules are not fair or practical for their type of business. The final decision will be an important moment in the ongoing struggle between tech giants and regulators.
As the case unfolds, many will be watching to see how the court balances the need for consumer protection with the concerns of large online platforms. Whatever the outcome, it will likely influence future laws and how tech companies operate not just in Europe, but around the world.
Amazon’s challenge highlights the growing tension between fast-moving tech businesses and government regulations. While the company insists it already does enough to keep users safe, the EU believes stronger measures are needed. The court’s ruling will determine whether Amazon must follow these stricter rules or if it can continue under less restrictive conditions.
This case is a key example of how digital laws are evolving and how companies are responding. The decision could set a precedent for future legal battles between tech firms and regulators, making it a crucial moment in the world of online business and digital policy.
For now, all eyes are on the General Court in Luxembourg as it prepares to make a decision that could change the way big tech operates in Europe. Whether Amazon’s arguments win or the EU’s stance holds firm, the ruling will have lasting effects on the digital marketplace.
