Five small-business organizations—the Korea Federation of Micro Enterprise (KFME), the National Federation of Merchant Associations, the Korea Foodservice Industry Association, the Korea Franchise Association, and the National Cafe Owners' Cooperative—said on the 18th that they "express deep concern and strong regret" over the Korea Fair Trade Commission's dismissal of applications for consent decisions in the delivery platform case. A consent decision is a system that closes a case without determining illegality if a company voluntarily presents corrective measures.
The groups issued a joint statement the same day, urging a reconsideration, saying, "This decision squandered a remedy that could have given a breather to neighborhood commercial districts and provided a breakthrough for economic recovery."
They added, "We are not arguing for a 'get-out-of-jail-free card' for delivery platforms. Their unfair conduct rightly should face the full weight of the law," while noting, "In reality, neighborhood commercial districts are facing a domino of closures that can hardly hold on even a single week."
They continued, "What small businesses desperately need is not an astronomical penalty surcharge ruling that will come out years later, but immediate support to cut tomorrow's expense and ease burdens," adding, "With the Korea Fair Trade Commission (FTC)'s decision, the chance to lower delivery app fees and to prepare various self-help support measures for small businesses is on the verge of evaporating."
They also said, "Judging from past litigation precedents involving large corporations and the Korea Fair Trade Commission (FTC), it is clear that reaching a final conclusion will take at least two to three years, and as long as more than five," appealing, "While platforms deploy powerful big law firms to drag out trials and wage legal battles, the ones who will wither without the law's protection are, in the end, the small-business owners on the ground."
The Korea Fair Trade Commission (FTC) on the day dismissed applications to open consent decision procedures related to cases alleging abuse of market-dominant position by Baemin operator Woowa Brothers and by Coupang, which operates Coupang Eats. The corrective measures Baemin submitted to the FTC included a three-year, 300 billion won co-prosperity support plan—such as lowering fees for restaurant partners using store delivery—and scrapping most-favored-nation demands and banning similar conditions. Coupang also said it would inject 60 billion won over four years in financial support for partner stores affected by the operation of Wow Stores, including creating a co-prosperity cooperation fund. It also proposed corrective measures such as deleting indications of most-favored-nation demands and halting policies linking the Wow Store program with free delivery benefits.
With the FTC's dismissal of the consent decision, the delivery app case is set to move to a full review on the merits. The penalty surcharge being discussed is in the range of 239 billion to 510 billion won for Baemin and 25 billion to 42 billion won for Coupang Eats. Jeong Hee-eun, director general of the Market Surveillance Bureau at the Korea Fair Trade Commission (FTC), said, "The consent decision procedure has concluded and the case will move to a review on the merits," adding, "The Secretariat for Adjudication Management is trying to set the review schedule as quickly as possible, and we believe a conclusion will come within the year."
A Woowa Brothers official said, "We are disappointed that our application for a consent decision—which could quickly restore competitive order in the market and directly support small businesses—fell through," adding, "We will continue to make co-prosperity and shared growth our top management priority." A Coupang Eats official said, "We submitted a consent decision plan that actively considered co-prosperity with partner stores," adding, "We plan to fully explain the company's position through the upcoming review procedures."