With its decision of 2 June 2025, the European Commission found an antitrust infringement by Delivery Hero and Glovo in the area of online food delivery throughout the European Economic Area and imposed fines totaling EUR 329 million.
During a period in which Delivery Hero only held a minority stake in Glovo, the European Commission found that Delivery Hero and Glovo exchanged commercially sensitive information, agreed a non-solicitation clause for employees and allocated geographical markets within the European Economic Area between them in an anti-competitive manner.
This is the first time that the European Commission has sanctioned an infringement in the labor market (‘no poach’). The anti-competitive utilization of a minority shareholding in a competing company has also not previously been sanctioned by the Commission.
Delivery Hero and Glovo have agreed to a settlement and thus achieved a reduction of the fine, partially based on the fact that the Commission acknowledged a lower intensity of the breaches investigated for some periods.
The following team advised Delivery Hero in-house: Andreas Krause (General Counsel), Dr. Eike Helbig, Carla Wachendorfer.
Gleiss Lutz advised the Supervisory Board of Delivery Hero in these proceedings under the lead of Prof. Dr. Michael Arnold (partner, corporate, Stuttgart) with the following team: Dr. Vera Rothenburg (partner), Dr. Nikolai Unmuth, Pia Schneider (all corporate, all Stuttgart), Dr. Petra Linsmeier (partner), Amelie Peiker (both Munich/Brussels), Dr. Ulrich Soltész (partner, Brussels, all antitrust).
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