On 2 June 2025, the European Commission (“Commission”) fined the food delivery companies Delivery Hero and Glovo EUR 329 million for engaging into cartel conduct through agreeing not to poach each other’s employees, exchanging competitively sensitive information, and allocating geographic markets.
The decision signals increased antitrust scrutiny of labour-related arrangements between rivals and underscores the need for companies to implement safeguards when holding non-controlling minority interests in competing businesses. For the time being, the Commission has only issued a press release and a statement; it will release a public version of its decision in the coming months.
Key takeaways
- A first in two respects. This marks the Commission’s first cartel decision targeting labour-related practices (specifically in relation to a no-poach agreement), and the first time it has enforced concerns about holding a minority stake in a competitor.
- Tighter enforcement in labour markets. The decision confirms the Commission’s known hard stance towards no-poach agreements between competitors, in line with the increased antitrust scrutiny of these and comparable arrangements in the EU Member States and elsewhere.
- Minority shareholdings as a vector for collusion. The Commission’s decision underlines the collusive risk that may arise from owning a minority stake in rival companies. Minority shareholdings in a competitor may grant access to competitively sensitive information, enabling alignment of commercial strategies between the parties. As such, minority shareholders must ensure their rights are used only to protect the value of their investment and should implement safeguards to prevent access to competitively sensitive information.
Background
Delivery Hero and Glovo are two large food delivery companies active in Europe. In July 2018, Delivery Hero acquired a non-controlling minority stake in Glovo and, during the following years, progressively increased its stake through subsequent share acquisitions until it acquired sole control of Glovo in July 2022.
The Commission’s investigation was triggered by information received from a national competition authority (likely the Spanish competition authority which reviewed Delivery Hero’s acquisition of Glovo in 2022) and an anonymous whistleblower.
The conduct
The Commission found that, from July 2018 until July 2022, Delivery Hero and Glovo engaged in the following multi-layered conduct:Continue Reading European Commission issues first no-poach decision in labour markets, warning against the collusive risks of minority shareholdings