Just one year after mandatory shipping came into force, the e-commerce giant found a loophole allowing its customers to opt for free delivery when ordering new books with no minimum purchase . The trick is as follows: when paying, the Internet user simply selects one of the 2,500 collection points eligible for free delivery that Amazon offers. In the list, we find automated lockers, called “Amazon Hub Lockers”, as well as the counters of its partner businesses, but only those selling books. The competitors fume. “The affair has been going on for 15 years, testimony Guillaume Husson, general delegate of the French Bookstore Union (SLF). By charging artificially low prices, Amazon is trying to capture the entire book sales market to the detriment of all other players. »
After a battle of several years, led in particular by the SLF, which represents independent bookstores at the national level, regulation of book shipping costs has applied since October 7, 2023. The government had retained a minimum threshold for shipping costs. postage of €3 for orders up to €35 and 1 euro cent beyond, following the advisory opinion of the Electronic Communications Regulatory Authority (Arcep). The objective of the law known as the “Darcos law”, from which this measure arose, was to fight against the practices of dumping causing a distortion of competition. It's not easy for independent bookstores, whose costs are difficult to amortize, to compete with delivery for 1 euro cent. Although opposed to this minimum price of €3, Amazon had complied, like the others, with these new rules. He has just found a solution.
Free withdrawal
How was this affair legally possible? To understand this, we must go into the detail of the text of the Darcos law “aimed at strengthening the book economy and strengthening fairness and trust between its actors”, adopted at the end of 2021. Parliamentarians voted for article 1is providing that “the book delivery service cannot under any circumstances, whether directly or indirectly, be offered by the retailer free of charge, unless the book is collected from a book retail store ». This wording was chosen to allow customers to order, via their bookstore, a book not available and to pick it up a few days later without delivery costs. But now the company founded 30 years ago by Jeff Bezos, one of the richest men in the world, now intends to rely on its “sales business” partners to justify free access. Furthermore, the web giant seems to consider that its metal lockers, specially designed to provide customers with a means of collecting their packages independently, can be considered businesses.
The spirit of the law flouted
The pill has difficulty passing. Especially since, for the SLF, these €3 shipping costs were only a first step towards rebalancing the conditions of competition between book retailers and allowing booksellers to develop their presence on the Internet. The SLF feared that the reintroduction of quasi-free purchase beyond €35 would lessen the scope of the measure and maintain a culture of freeness contrary to the logic of the single price of the book. Reason why, in April 2023, the professional organization reiterated its request “in favor of a more advantageous postal rate making it possible, in combination with minimum thresholds, to make booksellers truly competitive with large online platforms”. Today, with Amazon bending the rules, it's another huge step backwards. “We are not against competition. There is room for bookstores, press houses, Fnac, supermarkets, Amazon, Cultura, Relay stations… But the market is only healthy if it is balanced and competitive. However, Amazon is trying to eliminate its competitors, it is an actor without faith or law. »
Always one step ahead
Amazon's attitude is surprising, but in reality it is not surprising. Although it initially applied the new regulations relating to €3 delivery to the letter, the e-commerce giant tried at the same time to counter the measure by filing, in May 2023, a legal appeal before the Council of State for “excess of power”. He considers the measure contrary to the rights and interests of consumers and contests the legality of the decree which established these shipping costs. According to Frédéric Duval, general manager of Amazon France, who spoke at the time: “This measure will deal a severe blow to the French budget and limit their access to books at a time when purchasing power is one of their primary concerns. The online offering and that of booksellers are in reality complementary: almost one in two books sold by Amazon is shipped to small towns and countryside, that is to say to areas often without bookstores. » On May 17, the Council of State suspended its decision and transmitted the question to the Court of Justice of the European Union (CJEU), whose opinion should be given in 2025. The American giant therefore did not wait justice to change the rules and rush into a loophole.
Especially since this is not his first attempt. 10 years ago, when the law of July 8, 2014 governing the conditions for the distance selling of books prohibited free delivery, he immediately found a solution by charging shipping costs of 1 euro cent…
The Minister of Culture, Rachida Dati, questioned on November 5 in the Senate, announced that she would contact the Book Mediator. This authority for conciliation of disputes relating to the application of legislation relating to book prices will attempt to reconcile the parties over the coming months. In the event of failure, and if the mediator considers that Amazon's practices do not comply with the law, the matter may be taken to court.
In the meantime, one thing is clear: the measures to rebalance the competitive game between Amazon and the other players are currently ineffective. Taking a long time to be voted on and put in place, they are quickly countered by the ogre Amazon. But the more than 3,000 independent bookstores of France have not said their last word. “It's not a good thing if we disappear. Bookstores are places where the French like to stroll, discover books, get advice, meet actors, take part in debates. The purchase in our stores is complementary to the premeditated purchase of an online work, analyzes Guillaume Husson. For now, Amazon continues its crusade by spilling a lot of ink and filling its metal lockers with books sent free of charge.
