Will Amazon win the FTC ad surcharge lawsuit before 2029?

If Amazon.com, Inc. achieves the superior outcome in the trial-level resolution of Federal Trade Commission et al. v. Amazon.com, Inc. (No. 2:26-cv-03097), originally filed in the U.S. District Court for the Western District of Washington, after Issuance and before Jan 1, 2029, then the market resolves to Yes.

Amazon.com, Inc. achieves the superior outcome through the following exclusive hierarchy: Net Monetary Recovery (Highest Priority): Amazon.com, Inc. achieves the superior outcome if they receive a larger net monetary award than all opposing parties combined (after offsetting any awards against Amazon.com, Inc.). Attorney's fees and costs are excluded. Substantive Legal Victory (Second Priority): If no net monetary advantage exists, Amazon.com, Inc. achieves the superior outcome if they prevail on claims seeking the largest dollar amount of relief in their original pleadings, or if relief amounts are equal or unclear, on the greater number of primary causes of action. Case Termination Advantage (Third Priority): If the case terminates without substantive judgment, Amazon.com, Inc. achieves the superior outcome if (as defendant) all claims are dismissed with prejudice, or (as plaintiff) opposing parties voluntarily dismiss all claims with prejudice. All other termination scenarios result in no superior outcome for any party. Settlements: A disclosed net payment to Amazon.com, Inc. qualifies as a superior outcome; a disclosed net payment from Amazon.com, Inc. to opposing parties does not. If parties settle with mutual releases and no disclosed payment direction, or if settlement terms are sealed and no Source Agency reports payment direction within 7 days of settlement announcement, no party achieves a superior outcome. Key exclusions: This applies only to trial-level resolution and excludes all appeals processes. Procedural victories alone do not constitute superior outcomes.

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Sep 7 · 9:00 PM UTC

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