Amazon Faces Scrutiny Over Private Label As Sellers Adapt

The competition between Amazon's private label brands and third-party sellers is intensifying, with increasing accusations of 'copying.' This paper analyzes the operational model and market share of Amazon's private labels, as well as the challenges and opportunities they present to third-party sellers. It proposes strategies to help these sellers navigate the competitive landscape and find ways to thrive in this co-opetitive environment. The analysis aims to provide insights for sellers seeking to understand and adapt to the evolving dynamics of the Amazon marketplace.
Amazon Faces Scrutiny Over Private Label As Sellers Adapt

Among Amazon marketplace sellers, few topics generate more mixed feelings than the platform's private label business. While these Amazon-owned brands enjoy inherent advantages in visibility and pricing, they face persistent accusations of copying products from independent merchants – raising questions about fair competition in the digital marketplace.

"Referee and Player": The Dual Role Controversy

Third-party sellers have long viewed Amazon's private label operation with suspicion, arguing the platform violates marketplace neutrality by simultaneously acting as both regulator and competitor. Despite variable listing quality, Amazon's brands reportedly maintain market dominance through price advantages, algorithmic favoritism, and alleged policy violations like improper product variation bundling – practices that fuel merchant resentment.

Copycat Allegations: The Peak Design Case

Accusations of product replication gained credibility in 2023 when Peak Design CEO Peter Dering publicly accused Amazon of cloning their bestselling Everyday Sling Bag. Dering noted striking similarities in design elements between his $90 camera bag and Amazon's Basics-branded alternative priced at one-third the cost, including near-identical naming. While such practices may skirt legal infringement, they've drawn sharp criticism regarding corporate ethics.

The Data Question: Inside Amazon's Private Label Strategy

During a 2020 Congressional hearing, then-CEO Jeff Bezos acknowledged possible policy violations regarding third-party data usage after lawmakers questioned whether Amazon leveraged seller analytics to guide its private label decisions. The actual mechanics remain opaque to merchants, who must rely on anecdotal evidence within their product categories. Some suggest cross-category seller collaboration could reveal broader patterns in Amazon's private label operations.

Market Dominance: Prime Day Performance Metrics

During July 2023's Prime Day event, Amazon brands claimed three of the top five bestseller spots. Category breakdowns showed private label dominance ranging from 64% in smart home devices to 30% in apparel, demonstrating substantial market influence across retail segments.

Competitive Strategies for Independent Sellers

While Amazon's private label expansion creates challenges, it also signals market opportunities. The platform's data-driven category selections often indicate high-growth potential. Savvy sellers can compete by:

  • Prioritizing innovation: Developing differentiated products through design improvements, quality enhancements, or added functionality
  • Building brand equity: Establishing distinctive brand identities through social media engagement and content marketing
  • Optimizing operations: Enhancing product listings with strategic keywords, professional media, and superior customer service
  • Targeting niche markets: Identifying underserved segments through market research and analytics
  • Ensuring compliance: Strictly adhering to platform policies to avoid penalties
  • Collaborating: Partnering with fellow merchants to share insights and advocate for fair marketplace practices

The Path Forward: Coexistence in the Marketplace

The Amazon marketplace continues to evolve as both competitive arena and collaborative ecosystem. While private label brands present undeniable challenges, they also validate market opportunities for agile sellers. The platform's long-term health may depend on establishing clearer boundaries between its operational roles to maintain trust among all participants.