The lawsuit, filed Monday in Washington state, alleges that Amazon overrides and replaces actual auction results with higher prices to increase its profits. In the company's Sponsored Products and Sponsored Brands advertising system, brands bid for placement when customers search for keywords. The system operates as a "second price" auction, where winning advertisers expect to pay one cent more than the next highest bidder. However, the complaint claims Amazon charged advertisers their own winning bid close to 80% of the time, pocketing the difference.
The FTC and states argue that consumers have also been harmed as advertisers pass the extra costs onto shoppers. "Consumers are suffering, have suffered, and will continue to suffer substantial injury as a result," the complaint states.
Amazon strongly disputed the allegations, calling the suit "misguided" and insisting it does not mislead advertisers. "The FTC wants the public to believe this case is about higher prices for consumers. It is not," the company said in a statement.
Amazon's shares fell 2.5% on Monday following the announcement.