Recently, we have witnessed discussions regarding significant differences between the fees charged by food delivery platforms (e-commerce marketplaces) and those charged by restaurants (businesses), with the price disparity reportedly stemming from the additional service fees imposed by these platforms. In this context, complaints frequently shared by both consumers and business owners with the public reveal an intensifying criticism of the commercial relationships established by e-commerce marketplaces offering food delivery services with businesses.
It appears that these posts and complaints have caught the attention of the Ministry of Trade (“Ministry”), The Ministry felt the need to issue certain decisions and share them with the public through the Public Announcement it published last week, aiming to enhance transparency in e-commerce, ensure service fees are clear, understandable, and fully predictable, provide consumers with complete and accurate information, and establish a climate of trust across the market.
So, what new regulations were introduced with this Public Announcement? What do these regulations mean for food delivery platforms and restaurants? And what penalties might food delivery platforms face if they fail to comply with these regulations? To answer all these questions, we have compiled below (i) the key points highlighted in the Public Announcement and (ii) our assessments regarding the potential penalties that may be imposed in the event of non-compliance with the relevant regulations. We hope you find this informative.
A. Key Points from the Public Announcement
1. Service Fees Must Be Displayed in a Transparent and Detailed Manner
Undoubtedly, the most significant regulation introduced by the Public Announcement is the requirement that e-commerce marketplaces providing food ordering services must clearly and in detail display all fees collected from restaurants. Accordingly, these platforms will now be required to display the commissions and other fees they collect from restaurants—without leaving any room for ambiguity—broken down by service item, directly through each restaurant’s own seller dashboard.
This regulation is highly significant for businesses. As a result, restaurants will now have the opportunity to view all cost items they pay to platforms in a clear, transparent, and comparable manner. Undoubtedly, this will allow businesses to evaluate their business models and commercial preferences based on more reliable data and shape their commercial decisions on a more informed basis.
Another aspect of the regulation is the enhancement of transparency for consumers. Accordingly, with the aim of creating a more open and understandable structure not only for businesses but for the entire ecosystem, it is envisaged that consumers will be provided with a general, informative framework during the order confirmation stage, explaining that the fees charged during the process of delivering the order from the restaurant to them may consist of commission, delivery, visibility, and similar service charges.
2. No Additional Fees Should Be Charged for Services Under the Brokerage Service
Regulations targeting food ordering platforms are not limited to transparency; they also directly address certain practices that have long been a subject of debate within the sector. Under the new regulation introduced by the Ministry, the practice of charging additional fees for certain basic operations that are inherently part of the intermediary service is being prohibited. Accordingly, e-commerce marketplaces will not be permitted to charge an additional fee for services such as receiving an order and forwarding it to the restaurant, processing payments, and providing basic infrastructure.
Another notable aspect of the regulation concerns promotional campaigns. The practice of “charging an additional fee for campaign participation”—which has long been a source of debate and represented an extra cost for some businesses—is being abolished. Businesses will no longer be required to pay an additional fee to participate in campaigns while offering discounts. This aims to alleviate the financial burden, particularly on small and medium-sized enterprises.
On the other hand, the new rules do not merely limit fees; they also aim to establish trust in commercial relationships. Platforms are now required to clearly and transparently inform restaurants about the additional services they will provide and the associated fees before a campaign begins.
3. Commission Calculation for Discounted Sales Must Be Clear and Transparent
Another long-standing point of debate on food ordering platforms has been how commissions are calculated for discounted and promotional sales. The new regulation aims to resolve the complexity in this area and establish commission calculations within a simpler, more transparent, and fairer framework.
The introduced system provides for a different calculation method depending on who covers the discount. Accordingly, the commission amount:
· if the discount is provided solely by the restaurant, will be calculated based on the total amount paid by the consumer,
· if the discount is covered jointly by the restaurant and the e-commerce marketplace, the commission will be calculated based on the amount resulting from adding the discount provided by the e-commerce marketplace to the amount paid by the consumer
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Thus, it can be said that the aim is to eliminate calculation uncertainties arising during discount and promotional periods.
4. Additional Services, Promotions, Discounts, and Advertising Applications Should Be Voluntary
Another significant step highlighted in the Public Announcement is that restaurants’ participation in promotions, discounts, advertising, and similar applications is entirely voluntary.
The Public Announcement states that (i) businesses that do not participate should not face any penalties, and (ii) additional services offered by platforms must be entirely subject to the business’s approval, which can be withdrawn at any time. Therefore, we can say that efforts are being made to mitigate the impact of the power imbalance in the commercial relationship between platforms and restaurants.
B. Risk of Sanctions
Although not explicitly stated in the Public Notice, we believe that platforms (as e-commerce marketplaces) that fail to fulfill the obligations set forth by the Ministry above and/or violate the aforementioned prohibitions may be subject to administrative fines under the regulations related to the Law on the Regulation of Electronic Commerce—primarily for engaging in unfair commercial practices—within the framework of their relationships with restaurants.
Furthermore, if platforms fail to provide consumers with a general, informative framework during the order confirmation stage regarding the fact that the fees charged during the process of delivering the order from the restaurant to the consumer may consist of commission, shipping, visibility, and similar service fees, they may face the risk of administrative fines under consumer protection legislation.
C. Conclusion
When evaluated in broad terms, the Public Announcement indicates that the Ministry is seeking to address numerous issues—such as the clear disclosure of pricing items that have increasingly been debated in the public sphere in recent times, clarifying commission calculations, and linking campaign participation to a voluntary basis, and that it aims to establish a more transparent, predictable, and fair structure for commercial relationships between food ordering platforms and restaurants, thereby ensuring consumer protection. After all, it is common knowledge that the additional service and discount fees imposed by platforms on restaurants are ultimately passed on to consumers, even if indirectly.
In conclusion, we believe that food delivery platforms should review their current practices and, if any practices are found to be in violation of the new regulations introduced by the Public Announcement, they must comply with these new regulations as soon as possible. Otherwise, there is a risk of facing administrative sanctions as a result of both investigations initiated by the Ministry on its own initiative and complaints from restaurants and/or consumers.