[HN Gopher] Italy demands EUR733M in fines from food delivery pl...
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       Italy demands EUR733M in fines from food delivery platforms
        
       Author : Svip
       Score  : 77 points
       Date   : 2021-02-25 21:42 UTC (1 hours ago)
        
 (HTM) web link (www.politico.eu)
 (TXT) w3m dump (www.politico.eu)
        
       | tppiotrowski wrote:
       | _> If the companies pay the fines within 90 days, they will be
       | able to avoid criminal proceedings_
       | 
       | If they prosecute UberEats, who exactly would be the one serving
       | prison time?
        
       | hikerclimber wrote:
       | good. I hope doordash and the other delivery platforms get fined
       | a lot of money. :)
        
       | cwhiz wrote:
       | Meanwhile, these companies can't make any money as it is.[0]
       | 
       | At some point maybe we should consider that this model is
       | completely broken. The gig workers hate it, the restaurants hate
       | it, and the delivery companies can't make a profit. What in the
       | fresh hell are we doing where nearly every part of this "economy"
       | is mad about it?
       | 
       | [0]: https://www.marketwatch.com/story/doordash-shares-sink-as-
       | re...
        
         | ransom1538 wrote:
         | " Meanwhile, these companies can't make any money as it is.[0]"
         | 
         | Food creation & delivery: A hyper competitive, low margin,
         | inventory rotting, regulated, logistical & insurance nightmare.
        
         | bilekas wrote:
         | Gig workers don't hate how its set up, they make a nice bit of
         | cash for hard work when they need or want.
         | 
         | Restaraunts don't hate it because they don't have to have staff
         | hired to deliver, infact all the logistics of delivery are
         | removed for them.
         | 
         | > The San Francisco-based company reported a fourth-quarter
         | loss of $312 million
         | 
         | Excuse me while I shed a tear for the billion eur company over
         | the riders who will get screwed for this ruling.
         | 
         | DoorDash's business management is not reflective of its
         | customers, who are the riders and restaurants. Who, in this
         | scenario are the losers.
        
           | InitialLastName wrote:
           | Under a dumping accusation, their competitors are the victims
           | here. Operating at a substantial loss as a strategy to expand
           | your market footprint is pretty textbook anticompetitive.
        
         | readflaggedcomm wrote:
         | At what point do hundreds of millions of dollars in operating
         | losses begin to constitute "dumping," where a product (service
         | in this case) is priced below its cost in order to accumulate
         | market share and harm competitors?
         | 
         | Other comments mention that delivery "worked fine" before,
         | which implies DoorDash can't argue that they were perfectly
         | innovative against a "dumping" accusation.
        
           | nradov wrote:
           | In legal terms "dumping" is only applicable to imports.
           | There's generally nothing illegal about delivering a local
           | service at a loss, except in limited cases when one company
           | has an effective monopoly and uses that pricing to drive out
           | competitors. For now the food delivery market is still highly
           | competitive.
        
         | oconnor663 wrote:
         | I mean, speaking personally as a customer, I'm a pretty big fan
         | of being able to search for food online and order it. When
         | we're trying to figure out whether a market is broken, the
         | question of whether customers are happy is a pretty important
         | starting point. (But maybe I'm just a weirdo and everyone else
         | who uses Yelp etc. is miserable?)
        
         | cedricgle wrote:
         | The gig economy is just a return to the basics of the
         | industrialization and the machine age; where people went to the
         | factories' gates to seek a job for the day. During this period,
         | such flexibility brought a huge boost in production, innovation
         | and revenue. So this model isn't necessary broken.
        
           | [deleted]
        
         | nullserver wrote:
         | Gig work and Airbnb saved my life and kept family off street.
         | 
         | I got injured and disability decided to play hard ball.
         | 
         | Working whatever hours I could be functional and being able to
         | stop and rest, or wait for medication side effects to ease off.
         | These are the only thing that kept us off the street.
        
         | jpdaigle wrote:
         | I'm kinda surprised that food delivery apps and ride-hailing
         | apps are all money-losing. Why?
         | 
         | It's a modernization of an already-proven business model.
         | Chinese food and pizza was orderable by phone, and delivered
         | for free or a small fee, 30 years ago.
         | 
         | So, the pizza restaurants proved that there's enough margin in
         | a 25$ pizza to pay a minimum wage driver to drive it to your
         | house. Delivery platforms come in and break this up: instead of
         | the restaurant having someone on payroll to deliver orders, you
         | just outsource that to another party (and pay them a fee, which
         | is passed-through to the customer, and replaces money you
         | would've paid the on-staff driver otherwise).
         | 
         | Why can't the food delivery companies provide delivery services
         | for basically the same total cost as before, and subsist on
         | extracting a small percentage of the value, which is freed up
         | by the massive economy of scale that they can create by
         | aggregating orders from several restaurants into a single pool?
         | 
         | Ditto for Uber... it's possible to operate a taxi company
         | profitably, and has been for a hundred years. Shouldn't Uber
         | have basically the same economics / cost per mile as a
         | traditional taxi company, except be more efficient thanks to
         | top-notch demand prediction that no local taxi company could
         | ever build?
        
         | jimbob45 wrote:
         | Kudos to the legislators for allowing the experiment to run as
         | long as it did to find potential solutions.
         | 
         | Now it's time to legislate it away, just like many have done
         | with Uber/Lyft.
        
         | bpodgursky wrote:
         | Someone should let the gig workers know!
         | 
         | I bet they'd quit if they knew how miserable they were.
        
           | srswtf123 wrote:
           | On the off chance you're unfamiliar with the term, I suggest
           | you learn about _wage slavery_.
           | 
           | https://en.m.wikipedia.org/wiki/Wage_slavery
        
             | bpodgursky wrote:
             | That sounds bad! It sounds almost as bad as unemployment
             | slavery, or homelessness slavery!
        
           | z3rgl1ng wrote:
           | Dope take.
        
           | [deleted]
        
           | _Microft wrote:
           | Did it occur to you that some people could be in situations
           | where they simply cannot quit a job no matter how miserable
           | it makes them?
        
             | hsgdh3487 wrote:
             | It probably did occur to GP, that's the whole point (if I'm
             | right to be charitable).
             | 
             | Top comment is arguing that these people should be laid off
             | as part of a government initiative to reshape the economy.
             | If these people can't quit, what will happen if they are
             | laid off? Is there any policy that could help these
             | workers? My best guess is UBI, but that is another
             | discussion.
        
             | jdminhbg wrote:
             | That's going to be bad news when it gets legislated away
             | then, isn't it.
        
           | Narkov wrote:
           | I don't know you circumstances but it is possible to still do
           | something out of desperation - possibly to feed your family -
           | and hate it.
        
             | recursive wrote:
             | So in that hypothetical scenario, would that person be
             | better or worse off if they were denied the option to do
             | that thing they're doing that they hate?
        
               | Narkov wrote:
               | Worse off. Feeding their family is probably a higher
               | priority than a shitty job.
               | 
               | It doesn't change the fact that the job is rubbish.
        
         | tiborsaas wrote:
         | I think drones will save them. Can't wait to spend a romantic
         | dinner in a small restaurant with my girlfriend and watch the
         | delivery drones come and go, humming around us.
        
           | [deleted]
        
         | [deleted]
        
         | programbreeding wrote:
         | I'm not saying this is a reason to do it, but the part of the
         | model that isn't broken is that people love it. The consumers
         | are benefiting.
        
           | floren wrote:
           | Yes, people love getting stuff cheap. But if, say, an auto
           | shop was offering cheap oil changes because they're just
           | dumping the used oil down the sewer instead of properly
           | disposing of it, "people like cheap oil changes" isn't
           | justification for the continued harm.
        
           | ghaff wrote:
           | There are tons of services I would use if I could get them
           | for well below cost.
        
         | PragmaticPulp wrote:
         | > What in the fresh hell are we doing where nearly every part
         | of this "economy" is mad about it?
         | 
         | We're at the point in the hype cycle where the service has
         | become popular, so the media has flipped to the contrarian
         | takes about how it's bad, actually. It wasn't that long away
         | that we were reading stories about how food delivery services
         | were providing restaurants an opportunity to keep their doors
         | open during COVID lockdown.
         | 
         | Restaurants only hate food delivery when the companies try to
         | force them to lower prices (so the delivery service can capture
         | the margin) or when they perform bad-faith actions like
         | misrepresenting themselves as an official partner of the
         | restaurant when no such deal has been made.
         | 
         | The restaurants who simply prepare orders at their normal
         | retail price and hand them off to delivery drivers who deliver
         | to customers who know what they're getting into are actually
         | loving this boom. It's extra business without the hassle of
         | dealing directly with customers.
         | 
         | That's actually the driver of the problems: Restaurants have
         | been so eager to get a piece of this booming business that some
         | of them have given up their own margin to partner with delivery
         | services looking to squeeze every dollar out of the
         | restaurants. I suspect that era won't last long as restaurants
         | do the math on what it's costing them.
        
           | kgog wrote:
           | > It wasn't that long away that we were reading stories about
           | how food delivery services were providing restaurants an
           | opportunity to keep their doors open during COVID lockdown.
           | 
           | Can you link to some stories? I didn't see any in my bubble.
        
           | LegitShady wrote:
           | >That's actually the driver of the problems: Restaurants have
           | been so eager to get a piece of this booming business that
           | some of them have given up their own margin to partner with
           | delivery services looking to squeeze every dollar out of the
           | restaurants. I suspect that era won't last long as
           | restaurants do the math on what it's costing them.
           | 
           | They don't have a choice, with covid etc. Many restuarants
           | would rather not have delivery, or delivery that didn't cost
           | them 20% of gross.
        
             | nickff wrote:
             | Most restaurants would rather not pay rent/lease and
             | property taxes that eat more than 20% of gross, yet those
             | are recognized as 'costs of doing business'. These
             | restaurants are unfortunately locked in to a business model
             | that is incompatible with COVID.
        
       | nodesocket wrote:
       | Yet another cash grab on technology companies by a EU country.
       | Perhaps instead of driving companies out of the EU and then
       | slapping them with random fines and regulation they should
       | consider reforming their laws to be more business friendly.
        
         | _jal wrote:
         | They are hardly the first companies to play regulatory chicken.
         | It pays off nicely if you win; I do wish that sophisticated
         | investors and managers who make a bad bet would whine less.
        
         | onli wrote:
         | Those are not technology companies. They are logistic companies
         | with some IT integration. And it's a bit different than with
         | Uber: There, a lot of the resistance was indeed to protect a
         | monopoly that was bad for customers. But food delivery? That
         | worked just fine before those companies arrived.
        
           | rightbyte wrote:
           | Taxi worked too. The way too capped supply taxi market is a
           | US problem.
        
       | aneutron wrote:
       | I really can't make up my mind. On the one hand, it's truly
       | unhealthy for the overall job security and the social construct
       | (which is normal given it's modelled after the US).
       | 
       | But on the other hand, it would have been a fucking travesty
       | doing a lockdown without ordering on Uber eats and Co.
       | 
       | And those platforms were the innovators in the space. Restaurants
       | who could develop similar platforms would have never allocated
       | the money, and others who would never have had the opportunity to
       | offer such services, would have never tapped the overall market
       | (i.e. People with Internet who are hungry and need food for any
       | reason, be it no groceries or just laziness).
       | 
       | Can't there be some sort of middle ground ?
        
         | bilekas wrote:
         | Also I know what you mean about the job security and so on, but
         | this industry was previously provided by the
         | restaurant/businesses which would offer a base salary and then
         | tips were there's lets say. But deliveroo uber and co, offered
         | the riders a means to earn more money with less job-security,
         | the restaraunts to reduce the fees of delivery..
         | 
         | It was a pretty balanced trade-off.. To which both concerned
         | parties did agree.. Goverment wasn't even needed here. I feel
         | worse for the delivery people in all this because they wont
         | have that extra money, instead deliveroo and co will just
         | reduce their earnings to compensate.
         | 
         | It's stupid.
        
         | jeroenhd wrote:
         | The American and most of the European labour market cannot be
         | compared like this because of the way regulations in these
         | areas work.
         | 
         | The problem is not that Uber Eats and Deliveroo are making too
         | much money, it's that they're making it over the backs of their
         | employees.
         | 
         | European employment regulations have strong protections of
         | workers, and these companies try to work around those
         | regulations by classifying their employees as gig workers.
         | Delivery drivers used to be regular employees until these
         | companies swept in and used investment money to work the
         | competition out of the market.
         | 
         | It's no wonder the government is stepping in to end this. In
         | the US, this would never happen, because the right to start a
         | job without too much paperwork or get fired on the spot is
         | deeply ingrained in the laws of many US states, at least
         | compared to European labour relations.
         | 
         | The middle ground here is that delivery drivers need to be paid
         | fair minimum wages with the relevant job protections so that
         | restaurants can compete with their own delivery crew without
         | major (foreign) investment. Your local pizza joint can never
         | compete against Uber or Deliveroo without some kind of tax
         | evasion, that's part of the design of the Big Delivery business
         | structure.
         | 
         | These delivery companies make plenty of money, there's no risk
         | of them running into impossible to overcome that their general
         | investment-based mode of operation hadn't already planned for.
         | They may need to raise prices to pay their employees decent
         | wages, but that's only healthy for the free market. In some
         | countries (like mine), delivery companies take a whopping
         | 12-14% of the entire bill as compensation for delivery, which
         | is often listed as free, yet it's economically inviable to go
         | up against these giants now that they control the market.
        
         | [deleted]
        
         | ahelwer wrote:
         | I went through an entire year of lockdown across two major
         | cities without using a delivery service once. Just go out and
         | pick up the food yourself, either on foot or via bike or car.
        
           | tomcooks wrote:
           | Hot take:cooking your own food
        
             | ahelwer wrote:
             | Also a good solution, although I tried to eat takeout once
             | a week to help keep local restaurants from closing.
        
         | tomcooks wrote:
         | Why a travesty? Is your part of the world locked out of
         | supermarkets?
        
         | newsclues wrote:
         | The software needs to be run by the restaurants so they own the
         | entire experience.
         | 
         | I think restaurants would love to pay $xxxx upfront and a small
         | monthly or annual fee for updates.
         | 
         | But software developers want a slice of the revenue.
         | 
         | It's greed in a low margin industry.
         | 
         | It's a perfect Open Source project.
        
         | bilekas wrote:
         | No.. This is not a good idea.
         | 
         | Sure there is merit to them being "coordinated and continuous
         | workers", I can see the argument for that regardless of the gig
         | economy. But having to back-pay the taxes for said workers is
         | close to extortion.
         | 
         | My Middle ground would be a mediator instead of an ultimatum.
         | 
         | > Should the platforms hire all 60,000 couriers, there's a high
         | price to pay to catch up on previous, missed social security
         | payments, said European labor law specialist Luca de Vecchi.
         | Social security contributions in Italy can amount to up to 33
         | percent of an employee's salary and must be paid by the
         | employer.
         | 
         | This is just crazy.. How can the government expect a company to
         | backpay what the government allowed in the past ?
         | 
         | This is wrong.
        
           | jdsully wrote:
           | If you wrongly classify an employee as a contractor the IRS
           | will go after you for back payroll taxes. It's not extortion,
           | its collecting taxes you illegally avoided.
        
             | bilekas wrote:
             | Think about what you just said.. If it was okay to be
             | classed as a contractor in FY2018, then the legislative
             | said no you need to backpay. FY2018 is no longer valid..
             | Even though, they approved it, IRS accepted. See my point ?
             | 
             | You cant retrospectively change the status of their work
             | status.
             | 
             | You didn't wrongly state your status at the time..
        
       | VWWHFSfQ wrote:
       | Why these companies do business in the EU at all is beyond me.
        
         | jimnotgym wrote:
         | Why these companies try to force EU workers to work under US
         | labour laws is not beyond me.
        
         | TrackerFF wrote:
         | Correct. If skirting around labor laws is part of your business
         | model, Europe is not the place to do business.
        
         | lwkl wrote:
         | Yes I hope they get kicked out of Europe. We have no need for
         | companies that want to get around our employment laws and don't
         | pay social security.
         | 
         | That's parasitic behavior. In the end society has to pay the
         | long-term cost for their short-term gain.
        
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