Home Corporate Law Unveiling the Ongoing Conflict: Zomato, Swiggy, and ET LegalWorld in Tension

Unveiling the Ongoing Conflict: Zomato, Swiggy, and ET LegalWorld in Tension

by Juris Review Team
Behind The Scenes, A Huge Battle Is Brewing With Zomato,

The Clash Between NRAI and Food Delivery Platforms

The recent tensions between the National Restaurant Association of India (NRAI) and major food delivery aggregators such as Zomato and Swiggy can be traced back to a series of disputes that have unfolded over several years. The latest confrontation revolves around the introduction of 10-minute meal delivery through their respective standalone apps, Blinkit’s Bistro and Snacc. This issue has prompted NRAI to consider approaching India’s antitrust regulator, marking a new chapter in an ongoing saga characterized by a growing rift between the traditional restaurant industry and the evolving landscape of food delivery platforms.

Historical Context

The conflict between NRAI and food delivery aggregators largely stems from NRAI’s concerns about the increasing dominance of these platforms over the restaurant industry. A pivotal point in this tension occurred between 2018 and 2019, when the food delivery sector was emerging from a consolidation phase. During this time, NRAI began vocalizing its concerns about the influence and practices of aggregators like Zomato and Swiggy. The apprehension was that these platforms would not only affect the traditional business models of restaurants but also manipulate data for their own benefit.

Emergence of the Latest Controversy

On January 9, news broke about NRAI’s intention to escalate its concerns regarding the 10-minute food delivery service directly to the Competition Commission of India (CCI). The new services, which derive their offerings from dark stores within the Quick Commerce sector, have provoked fears within the restaurant community. Officials from NRAI worry that Zomato and Swiggy might leverage consumer data from these services to establish their own food delivery brands, thus sidelining traditional restaurants. In response, Blinkit’s CEO, Albinder Dhindsa, emphasized that their app operates independently and maintains a distinct team, which assuages some of the highlighted concerns regarding data utilization.

Flashpoints in History

The growing tensions first reached a critical edge in 2019 when the NRAI launched a public campaign against Zomato’s Gold membership program. Initially praised for its benefits to consumers, the program faced backlash from restaurants that believed it undermined their pricing and value proposition. The sentiment culminated in a #LogOut campaign where NRAI called for restaurants to withdraw from the Gold program. Following the uproar, Zomato axed the Gold membership, and it was reintroduced in 2023 solely for food delivery services, albeit amid ongoing advisories from NRAI to its members to solidify their customer loyalty efforts.

Continuing Escalation of Disputes

As time progressed, the disputes only intensified. Following the fallout from the Gold program, NRAI filed a formal complaint with the CCI, alleging various anti-competitive practices. This complaint called into question multiple operational areas, including preferential treatment of certain restaurant listings, the establishment of cloud kitchen brands by the platforms, and data masking practices that deprived restaurants of knowing their end-consumers. In 2022, the CCI indicated it would further investigate the allegations, yet a decisive conclusion has yet to be reached.

Ongoing Communication and Strategic Responses

NRAI has not only pursued regulatory avenues but has also consistently advised its members against engaging in various initiatives introduced by Zomato and Swiggy. For instance, in 2022, NRAI issued warnings regarding participation in dine-in discount programs, citing concerns over higher fees incurred by restaurants when sold via the food delivery platforms compared to traditional payment gateways. This reflects a broader, strategic move by NRAI to equip its members with knowledge and tools to better navigate a digital food delivery landscape that seems increasingly unfavorable to their interests.

Conclusion

The evolving relationship between the National Restaurant Association of India and food delivery aggregators illustrates a complex and multifaceted debate over competition, data use, and the traditional restaurant business model. As the food delivery industry continues to innovate and expand, it remains imperative for stakeholders like NRAI to advocate for fair practices to ensure that the interests of traditional restaurants are protected. The possible intervention by regulators may provide a much-needed examination of these relationships and their long-term implications for the industry.

FAQs

What are the major concerns of NRAI regarding food delivery aggregators?

NRAI’s concerns primarily revolve around the potential for aggregators to misuse consumer data and undermine traditional restaurant operations through competitive practices like launching their own food delivery brands.

How did the conflict between NRAI and Zomato start?

The conflict gained traction around 2019 during the controversy surrounding Zomato’s Gold membership program, which restaurants believed devalued their services.

What actions has NRAI taken against food delivery platforms?

NRAI has engaged in public campaigns, filed complaints with the Competition Commission of India, and issued advisories to restaurants about various food delivery platform initiatives.

Has the Competition Commission of India made a final ruling on the issues raised by NRAI?

As of now, a final decision by the Competition Commission of India is pending, although preliminary investigations have indicated potential violations of competition laws.

What alternatives are recommended for restaurants amidst the tensions with food delivery platforms?

NRAI advises restaurants to focus on strengthening their own loyalty programs and direct customer engagement strategies to reduce dependency on food delivery platforms.

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