Commission for the protection of competition initiated the procedure of examination of competition infringements, ex officio, in order to determine the existence of abuse of a dominant position, in the sense of Article 16 of the Law on the Protection of Competition against the company Glovoapp Tecchnology doo Beograd (Glovo) and carried out dawn raids in its premises.
During the analysis of the conditions of competition in the field of digital platforms for mediating the sale and delivery of mainly restaurant food and other products, the Commission observed contractual provisions in the contracts concluded by Glovo with its partners, which could result in the exclusion or difficulty of the expansion of other competitive platforms, as well as provisions that may result in discrimination of partners through the application of unequal business conditions, all of which constitutes an abuse of a dominant position.
Namely, certain contracts and general conditions of business with partners contain a prescribed fee that the partner is obliged to pay if it enters into similar partnerships with other platforms, i.e. high amounts are offered in the form of investment for marketing, with the obligation to return the amount if cooperation with another platform is established.
The application of unequal business conditions to the same agreements with different market participants is primarily reflected in the form of different commissions to different partners, and depending on whether they cooperate only with Glovo or with competing platforms.
Including such exclusivity clauses in contracts with partners or various forms of incentives or pressures to maintain exclusivity, could exclude competitors from the market or reduce their ability to compete, which could ultimately lead to higher prices, less choice and lower quality offers, all to the detriment of consumers.
After taking over the Donesi platform in 2021, the company Glovo significantly expanded its business network and drastically increased its market share and gained a dominant position, which also changed the structure of this market. As such, it has a special responsibility in relation to the actions it undertakes in the market.
The Commission hereby invites all persons who have data, documents or other relevant information that can contribute to establishing the factual situation in this procedure to submit them to the address of the Commission for the Protection of Competition, 25/IV Savska Street, Belgrade.