[Tiktaalik]

I recall hearing on a radio show a while ago about this topic a lawyer noting that a difference in these cases is that a retailer "takes a risk" in order to get the data, that is that they open up their storefront to this supplier, allocate space for them, and pay the supplier. The only way they learn that the supplier's product could be a success is by selling the suppliers product.

In contrast Amazon takes on zero risk. It snoops on the data of transactions, and then launches competing products.