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ARTICLE · 04 SEPTEMBER 2024

Brussels Regulatory Brief - Summer 2024

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This is the Summer 2024 edition of monthly EU regulatory briefs - summarising key regulatory developments across a number of sectors in the EU.

European UnionAntitrust/Competition Law

ANTITRUST AND COMPETITION

The European Commission Opens an Investigation into Alleged Market Allocation and No-Poach Agreements in the Online Food Delivery Sector

On 23 July 2024, the Commission opened an antitrust investigation against two large online food delivery companies (Companies) in the European Economic Area (EEA).

In July 2018, one of the two Companies acquired a minority shareholding in the other company and subsequently acquired sole control in July 2022. The Commission is concerned that before the acquisition of control, the Companies may have infringed Article 101(1) of the Treaty on the Functioning of the European Union by allocating geographic markets and sharing commercially sensitive information. Market allocation refers to a conduct by competitors aiming at dividing and allocating between them markets or customers. This type of agreement is often accompanied by exchange of commercially sensitive information (e.g., on commercial strategies,

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