EBay Claims Amazon Illegally Tried to Poach Top Sellers

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SEATTLE — EBay claims Amazon has illegally tried to lure top sellers off its marketplace by exploiting its internal messaging system.

The e-commerce site said it was tipped off to the situation last month by an eBay seller who had been contacted by an Amazon representative. An early investigation by eBay found at least 50 Amazon representatives had sent hundreds of solicitation messages over the last several years. The Amazon contacts came from multiple countries, including the United States and Britain.

EBay sent a cease-and-desist letter to Amazon on Monday outlining its claims. The Amazon representatives, eBay said, seemed to know that their use of its messaging system violated the company’s terms of service.

“Ebay does scan for key terms and they don’t exactly like us poking around,” one message read. “Honestly the easiest way to communicate about this would be on the phone.” Other messages involved weird phrasings that seemed intended to evade detection, such as avoiding using the word “Amazon,” and instead writing “a-m-a-z-o-n Australia” or “A.M.Z.N.”

An Amazon spokeswoman said the company was conducting a thorough investigation of the claims.

Amazon’s use of eBay member accounts and messaging for purposes other than buying and selling products was illegal under California law that prohibits the misuse of private computer systems, eBay said.

“We have demanded that Amazon end its unlawful activity, and we will take the appropriate steps, as needed, to protect eBay,” the company said in a statement.

The Wall Street Journal reported on the cease-and-desist letter earlier Wednesday.

Since starting out as a pioneering online auction company, eBay has moved into more traditional e-commerce sales. Today, it says 89 percent of goods bought on eBay are at a fixed price — making it more of a direct competitor with Amazon and adding to concern that its rival was trying to poach top sellers.

Amazon is adding to the breadth and depth of the products on its website by attracting third-party merchants. That lets Amazon tie up less of its resources in holding inventory waiting to be sold, but it also places extra pressure on the company to attract sellers that offer the merchandise that it believes customers want.

Amazon charges for various services, such as selling, distribution and advertising. Last year, for the first time, more than half of the units sold on its website were from third-party sellers.

While some sellers list on both Amazon and eBay, as well as other sites, others opt to pick a primary marketplace. EBay says it has more than a billion product listings at any given time.

A version of this article appears in print on , on Page B5 of the New York edition with the headline: EBay Claims Amazon Tried To Poach Its Biggest Sellers. Order Reprints | Today’s Paper | Subscribe

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