Antitrust Jurisprudence in the Food Delivery Sector - Varying Opinions

● Germany - Yourdelivery GmbH (Lieferando)

In July of 2023, the Bundeskartellamt terminated its ongoing investigations into Yourdelivery GmbH (Lieferando), a Berlin-based
platform providing online food ordering services, in relation to presumed abuses in the market through the use of MFN/price parity
clauses. It is worth noting that, although dominant in the market, the company's parity clauses did not raise any significant concerns.

The Bundeskartellamt recognized that the market was still in a developmental phase. Furthermore, considering the various alternatives
available to restaurants operating in the food delivery market, it cannot be definitively stated that the inclusion of such narrow parity
clauses represents a substantial barrier to entry for new platforms offering distinct services.

● Netherlands - Thuisbezorgd (Takeaway.com)

In a situation similar to the Bundeskartellamt’s, the Authority for Consumers and Markets (ACM) in 2016 addressed similar concerns
within the Dutch market. Thuisbezorgd had been enforcing narrow parity clauses, specifically same-price guarantees, on the restaurants
that listed their services on the platform. Despite the establishment of concerns, the ACM held the view that, given the evolving nature
of the market, there was no immediate necessity to take action against the imposition of parity conditions in the market.

In contrast, Turkish competition authorities have condemned and penalized food delivery operators for imposing price parity conditions.
Ongoing investigations into this conduct are also underway in the EU and the US.