Competition Bureau loses bid for Amazon data in fake reviews case

The Federal Court of Appeal has upheld a decision keeping the competition commissioner from getting access to Amazon data it hoped would help prove the company hosts fake reviews on its website.

A decision issued by the court recently dismisses an appeal the competition watchdog argued last year in hopes of advancing an investigation into Amazon's marketing practices.

In issuing the dismissal, a trio of appeal court judges ruled, "the Federal Court did not make a reviewable error when it declined to order" Amazon to turn over data.

The data the commissioner has wanted since June 2024 was transaction information for health, personal care, home and electronic items sold on Amazon's platforms.

The data was meant to help the commissioner prove Amazon permits reviews of items purchased by product vendors to remain on its website.

The company fought the request, claiming the data sought was “exceedingly broad, excessive, and unnecessarily burdensome" because there are billions of products offered across all those categories.

Eventually, the federal court found Amazon was likely to have the information the commissioner wants but ruled in the company's favour because the watchdog had inadequately justified the scope of its request.

When the competition commissioner appealed the decision, it suggested the federal court erred in how it used part of the Competition Act and evidence from Amazon to make its decision. The appeal court ultimately disagreed with the commissioner's view.

The commissioner and Amazon did not immediately respond to requests for comment Monday on the ruling.

Their battle against one another began under former competition commissioner Matthew Boswell. He left the post last year and Jeanne Pratt became acting commissioner.

Under Boswell, the Competition Bureau also won access to Amazon records prepared for senior management that delve into how star ratings, Amazon’s Choice badges and bestseller labels are applied.