It's a very strong argument to say that the practice currently being pursued by the FTC has been a long standing and generally accepted as legal practice in the retail industry. The fact that they are going after Amazon for this, but have not ever gone after anybody else who has been doing it for decades leads me to the conclusion that this is not about the actual trade practice it claims to be about, but rather a politically targeted attack on Amazon.
And the FTC is very much capable of running multiple enforcement actions at once. Why are there no such charges against other companies doing the same thing. They don't have to be one at a time.
I checked, Amazon does indeed sell tiny violins. They are keychains that make sounds. Unless there's a claim here that the FTC is working directly for, say, Walmart, everyone else benefits from Amazon being brought down a handful of pegs.
Sorry if it makes things hard for some AWS customers, but eggs, baskets, etc.
And the FTC is very much capable of running multiple enforcement actions at once. Why are there no such charges against other companies doing the same thing. They don't have to be one at a time.