Keeta X 99: What the Brazilian Delivery Market Teaches Foreign Participants

Brazil has emerged as one of the world's most competitive food delivery markets, where foreign-backed rivals vie not only for customers but also for legal dominance. At the heart of the battle is a clash between 99, the Brazilian arm of DiDi Global, and Keeta, a newcomer backed by Meituan.

What began as a race for market share has spilled into the courtroom, with disputes over intellectual property and unfair competition. The case is more than a delivery skirmish; it is a cautionary tale for any foreign company entering Brazil, highlighting how intellectual property, competition law, and consumer perception can determine success or failure.

Companies in the sector will invest R$ 14 billion (approximately US$ 2.5 billion) in Brazil in the coming years and intensify competition to challenge the 80% hegemony of iFood, a Brazilian company that has dominated the market for years.

Smaller Brazilian companies are also growing and gaining ground, such as UaiRango, which has already expanded to over 200 cities. Similarly, the Brazilian company Aiqfome, which plans to surpass the 1,000-city mark, also offers delivery of medicines, water, and residential kitchen gas cylinders.

The battle is not only for the end consumer. Competition for restaurants and delivery drivers also promises to be even fiercer – with legal disputes involving free competition, discussions about exclusive contracts, discounts, and special fees.

Brazil is not only the largest economy in Latin America, but also the region's delivery giant. By 2023, over 100 million Brazilians were using delivery apps, with revenues expected to rise from US$ 21.18 billion in 2025 to nearly US$ 28 billion by 2029, growing 7% per year (Statista). The market is dominated by iFood, which commands about 80% of orders, followed by Rappi, Uber Eats (recently repositioned), and competitors such as 99Food and Keeta, which are now preparing significant investments to gain a foothold in Brazil.

Behind this boom are several structural trends driving sustained growth: integration of digital payments, exclusive partnerships with restaurants, resilient consumer demand, expansion into medium-sized cities, and increasingly sophisticated retention strategies, such as subscriptions and delivery guarantees.

Although Brazilian IP law does not provide explicit protection for trade dress, courts recognize its importance in preventing unfair competition. The Superior Court of Justice (STJ) has repeatedly upheld trade dress claims, emphasizing the need to avoid consumer confusion. In many cases, semiotic expert reports are used to demonstrate similarities and the likelihood of association between competing brands.

Complementary protections are also available. Shapes, packaging, and graphic elements can be registered as industrial designs, granting exclusive rights over their aesthetic forms. Meanwhile, functional features of apps or delivery systems can be protected in several ways: through the registration of computer programs, which protects the underlying source code, or through patents and utility models, provided the invention meets the legal requirements of novelty and inventiveness. These tools, combined with the enforcement of trademarks and trade dress, enable companies to create a layered strategy to protect their brand identity and technological innovations.

For companies in the delivery sector, where visibility in crowded app stores and rapid consumer recognition are crucial, leveraging this combination of IP protections is as vital as registering a traditional trademark.

The judiciary plays a key role in clarifying how far imitation can go before crossing into unfair competition. In the future, innovation, originality, and ethical practices are likely to distinguish companies that build sustainable brands from those facing costly legal challenges.

As the market continues to expand, companies must balance growth ambitions with responsibility, originality, and compliance. Protecting brand identity, respecting competitors, and investing in differentiation are not just legal necessities; they are decisive factors for long-term success.

For companies considering entering Brazil, the lesson is clear: understand the competitive landscape before launching, or watch opportunity turn into costly litigation.

Gabriel Di Blasi and Paulo Armando Innocente de Souza are, respectively, Founding Partner and Senior Associate Lawyer at Di Blasi, Parente & Associados.