Regulating Electronic Delivery Platforms… New Rules To Protect Competition And Restore Market Balance

The Ministry of Commerce and Industry bases its regulation of electronic delivery platforms and applications on its regulatory authority to safeguard economic public order, particularly by regulating services and preventing practices that distort competition or impose unbalanced contractual terms on commercial establishments. 

In practice, delivery platforms have developed strong bargaining positions, leading in some cases to high commissions, exclusivity clauses, and pricing restrictions resembling contracts of adhesion. This justifies regulatory intervention through mandatory rules designed to restore contractual balance and protect the market.

Accordingly, Ministerial Decision No. 109 of 2026 should not be viewed as an exceptional interference with freedom of contract, but rather as lawful regulation of an economic service that directly affects consumers and small and medium-sized enterprises. It is based on Decree-Law No. 10 of 1979 concerning the supervision of trade in