Yes they are. I created a brand new offer in the UK and also on the European sites for something that did not exist as an offer beforehand. Within days a competor started selling the same item through FBA and jumped onto the new offer and using the text and images I created (and ostensibly paid for) started selling. I consider that to be “fair play” from the competitor or at least an indicator that I can do the same with the offerings they have created which do not actually use the correct manufacturer provided EAN barcodes. When I look for my offer using text from the title of the product I am often presented with only one option which is their FBA variety without a mention of a second offering. Reducing the price of my offer (as a test) had little effect, the FBA offer still wins out even if my less expensive offer is shown as an “also ran”.

It is their ball and they make the rules and the way that they bend them will suit their business goals.