Uber Eats / DoorDash / Grubhub Restaurant Antitrust Litigation
Case Overview
Independent and chain restaurant owners filed class action lawsuits against Uber Eats, DoorDash, and Grubhub alleging that the dominant food delivery platforms used their combined market power — controlling over 90% of the U.S. third-party delivery market — to impose anticompetitive commission structures and restrictive contract clauses that prevented restaurants from offering lower prices on their own websites or to competing apps. The lawsuits, which were ultimately consolidated in the Southern District of New York, allege that the platforms' "most favored nation" or "price parity" clauses effectively forced restaurants to either charge uniformly higher menu prices across all channels or risk being de-listed from the platforms entirely. Plaintiffs contend this arrangement functioned as a form of price-fixing that harmed both restaurants and end consumers.
The litigation intensified during the COVID-19 pandemic, when restaurant owners — barred from indoor dining — became almost entirely dependent on delivery apps to survive, giving the platforms extraordinary leverage to maintain or increase commission rates of 15–30% per order. Several major U.S. cities, including New York, San Francisco, and Chicago, responded by enacting emergency commission caps, which the platforms challenged in court. The class action seeks damages under the Sherman Antitrust Act and various state competition laws, as well as injunctive relief requiring the platforms to eliminate price parity clauses. The case is currently in the discovery phase and no settlement has been announced.
Who May Qualify
Restaurant owners and operators in the United States who contracted with one or more of the defendant food delivery platforms (Uber Eats, DoorDash, or Grubhub) and paid commission fees during the relevant class period (generally 2016 to present) may be eligible to participate.
Frequently Asked Questions
Can restaurant owners sue DoorDash or Uber Eats for high commission fees?
Yes, this is precisely what the ongoing class action alleges. Restaurant owners who paid commission fees to DoorDash, Uber Eats, or Grubhub during the class period may be able to join the lawsuit. The case is still in active litigation, so no claims process is open yet — consult a class action attorney for current status.
What are "most favored nation" clauses and why are they illegal?
"Most favored nation" or price parity clauses in delivery app contracts require restaurants to charge the same prices on the platform as they do anywhere else (including their own websites). Plaintiffs argue these clauses are anticompetitive because they prevent restaurants from undercutting app prices and effectively eliminate platform-to-platform price competition, in violation of antitrust law.
Did any cities cap food delivery app commission fees?
Yes. During and after the COVID-19 pandemic, New York City, San Francisco, Chicago, Seattle, and several other major cities enacted laws capping third-party delivery commissions, typically at 15% for delivery and 5% for other fees. New York City made its cap permanent in 2021, and DoorDash and Grubhub filed (ultimately unsuccessful) federal lawsuits challenging those caps.