Noticias

The Fiscalía Nacional Económica (FNE) has filed a complaint before the Chilean Competition Tribunal (Tribunal de Defensa de la Libre Competencia, TDLC) against the delivery platforms Delivery Hero (parent company of Pedidos Ya) and Glovo, for having entered into and executed a market allocation agreement involving four countries. This agreement resulted in Glovo’s abrupt exit from the Chilean market in April 2019.

In its filing, the FNE requested the Competition Tribunal to impose a fine totaling approximately US$74 million, to be paid to the fiscal treasury. Of this amount, US$55 million corresponds to Delivery Hero and US$19 million to Glovo. These amounts reflect, among other factors, the seriousness of the conduct, the deterrent effect the sanction must have, and the economic capacity of the companies involved.

The FNE’s investigation established that the collusion was implemented through four asset transfer agreements, all signed on April 26, 2019. As a result, Glovo exited the markets of Chile and Egypt, while Delivery Hero withdrew from Peru and Ecuador. Internal email exchanges between executives at both companies revealed discussions about modifying contract terms to avoid scrutiny from the respective competition authorities.

This anticompetitive agreement—internally referred to by the companies as “Project Green”—included non-compete clauses preventing each party from operating in the markets transferred to the other for a period of three years. This, along with other elements, was instrumental in sustaining the effects of the market allocation agreement over time.

The National Economic Prosecutor, Jorge Grunberg, stated: “Delivery Hero and Glovo engaged in an international market-sharing agreement that resulted in both companies ceasing to compete in the Chilean market. Glovo’s exit coincided with the period of COVID-19 mobility restrictions, a time when delivery services became critically important.”

He added that Glovo’s departure not only reduced competitive pressure in the general delivery services market—then served by Pedidos Ya, Glovo, Uber, and Rappi—but also diminished consumer access to other services, such as courier services, a line of business developed by Glovo.

The Prosecutor further underscored the FNE’s commitment to safeguarding competition in digital markets, given their increasing relevance in the economy and close connection to consumers. “Digital platforms have expanded rapidly in Chile, particularly following the mobility restrictions imposed during the COVID-19 pandemic. The FNE will continue working to protect competition in this industry so that it can evolve with the innovation and dynamism inherent to digital markets,” he stated.

The complaint also highlights that the delivery platform industry has experienced consistent growth, with publicly available data showing a fourfold increase in annual revenues—from US$210 million in 2018 to US$800 million in 2023.

This complaint forms part of the FNE’s broader strategy in the area of digital markets, which remain a key priority in fulfilling its legal mandate to promote and defend competition.