Amazon Countersues, Seeking To End Toys 'R' Us Partnership
Amazon.com Inc.'s fraying relationship with Toys "R" Us Inc. took a turn for the worse Friday when Amazon filed a countersuit against the toy retailer, asking a judge to allow termination of its contract with Toys "R" Us and award it in excess of $750 million.
In unusually harsh language directed at a once-close partner, Amazon's complaint, filed in New Jersey Superior Court in Passaic County, refers to Toys "R" Us's "chronic failure" to live up to obligations under the two companies' contract. For four years, the Internet division of Toys "R" Us, of Wayne, N.J., has effectively run the toys, games and baby-products departments on the Amazon Web site, purchasing all the inventory for the three categories while Amazon has packaged and shipped customer orders from its warehouses. Last month though, Toys "R" Us filed a lawsuit against Amazon, alleging its partner violated exclusivity provisions of their contract by allowing individuals and other retailers to list toys, games and baby products for sale on Amazon. (Read the filing.)
In its counterclaim, Amazon, of Seattle, denies that it breached its agreement with Toys "R" Us, saying the language of their contract allows for exceptions that permit Amazon and other merchants to sell products that compete with offerings from Toys "R" Us. Amazon further alleges that it urgently needs other merchants to list competitive products on Amazon because Toys "R" Us has failed to keep toys and other items in stock. During key holiday-shopping weeks, Amazon alleges, Toys "R" Us has been out of stock on more than 20% of its most popular products. Amazon also alleges that Toys "R" Us has failed to provide Amazon with a comprehensive selection of toys for sale on the Amazon site -- in particular, low-priced toys.
"We believe this counterclaim has no merit," Toys "R" Us spokeswoman Susan McLaughlin said in a statement. "We are currently engaged in mediation, and have agreed to avoid additional commentary."
Amazon declined to comment beyond the contents of the lawsuit. The Seattle Times first reported on Amazon's filing of the counterclaim.
Amazon said it is seeking unspecified damages from Toys "R" Us or, alternatively, a declaration from the court authorizing Amazon to terminate its contract and recover from Toys "R" Us the expected value of payments and lost shipping revenue, estimated by Amazon to be in excess of $750 million.
亚马逊激烈反诉玩具反斗城
亚马逊公司(Amazon.com Inc., AMZN)与玩具反斗城(Toys 'R' Us Inc., TOY)之间摩擦不断的关系于上周五进一步恶化，亚马逊公司对玩具反斗城提出反诉，要求一名法官允许终止该公司与玩具反斗城之间的合约，并判给其最高为7.5亿美元的赔偿金。
在向位于帕塞伊克郡新泽西州高等法院递交的指控中，亚马逊公司用罕有地严厉措辞指责玩具反斗城这个其一度曾紧密合作过的伙伴，声称玩具反斗城在“迟迟未能”履行两家公司合约中的义务。
过去四年中，玩具反斗城的互联网业务子公司曾有效地在亚马逊公司网站上营运著玩具、游戏、以及婴儿产品部门，亚马逊公司直接从玩具反斗城仓库中为购买上述三类产品的客户进行包装和发货服务。然而，玩具反斗城于上周对亚马逊公司提出诉讼，指控其违反双方合约中排他性条款，允许个人和其他零售商在亚马逊公司网站上标价出售玩具、游戏、以及婴儿产品。
亚马逊公司在其反诉指控中否认其违反了与玩具反斗城之间的协议，并称，双方合约中的表达方式允许存在例外，这允许亚马逊公司和其他商家销售与玩具反斗城相竞争的产品。
亚马逊公司进一步宣称，其急需其他商家在其网站上标价出售具有竞争性的产品，原因是玩具反斗城未能将玩具和其他物品库存维持在正常水平。亚马逊公司指出，在关键几周的假日购物期间，玩具反斗城最畅销的产品缺货率超过20%。亚马逊公司还指责玩具反斗城未能就在其网站上销售的玩具提供全面的可供选择的品种，特别是低价玩具。
玩具反斗城发言人Susan McLaughlin在声明中称，玩具反斗城认为亚马逊公司的反诉毫无法律依据，玩具反斗城目前正接受调停，并已同意避免进行额外的评论。
亚马逊公司拒绝就诉讼内容以外的问题发表评论。《西雅图时报》(Seattle Times)首先报导了亚马逊公司提出反诉的事件。
