Amazon and ConsenSys are taking their fight against online retailers to the US Supreme Court, arguing that their online store stores should be treated the same as physical stores.
The FTC says Amazon has not provided any evidence that the Webstore is a “public place,” which means it should not be treated differently from other retail stores.
In its complaint, the agency cites Amazon’s website and its online storefront as evidence that it is not a public place.
Amazon argues that it has not created a “discretionary monopoly” over its e-commerce marketplace.
The Justice Department said in a statement that it agrees with Amazon and agrees with the FTC that the Court should not allow Amazon to make false claims.
“The Government’s allegations about Amazon’s failure to treat its own website as a public forum and its failure to take steps to ensure that the site remains a public space are not credible,” it said.
The lawsuit comes at a time when the US is battling a $5.9 trillion backlog of online shopping, according to a recent report by the Congressional Research Service.
Amazon has been the target of several lawsuits from competitors, including eBay and PayPal, which claim it is unfairly controlling the marketplace.