| Case Number | EC/03JJ |
| Parties | Delivery Hero Food Hong Kong Limited (“Foodpanda”) and Deliveroo Hong Kong Limited and Deliveroo plc (collectively “Deliveroo”), together referred to as the “Parties”. |
| Relevant Documents |
Proposed Commitments 1st Consultation (1 June 2023) Press Release: Competition Commission consults on proposal to accept commitments offered by Foodpanda and Deliveroo Notice issued under section 2, Schedule 2 of the Ordinance regarding the Commission’s proposed acceptance of the Proposed Commitments Annexes to the Notice: Proposed Commitments from each of Foodpanda and Deliveroo Questions and Answers regarding the Proposed Commitments 2nd Consultation (10 November 2023) Press Release: Competition Commission consults on proposal to accept new commitment offered by Deliveroo Notice issued under section 2, Schedule 2 of the Ordinance regarding the Commission’s proposed acceptance of the New Proposed Commitment Annex to the Notice: New Proposed Commitment from Deliveroo Commitments Press Release: Competition Commission accepts commitments offered by Foodpanda and Deliveroo Notice issued under section 4, Schedule 2 of the Ordinance regarding the Commission’s acceptance of the Commitments Annexes to the Notice: final Commitments from each of Foodpanda and Deliveroo |
| Representations received on Proposed Commitments |
1st Consultation (1 June 2023) R1 - Harry Maan (01.06.2023) R2 - SF (02.06.2023) R3 - Taste Of Asia (13.06.2023) R4 - Ping Lin (PhD, Economics), Center of Competition Policy Studies (CCPS), Shandong University, China; Tianle Zhang (PhD, Economics), Centre for Competition Policy and Regulation (CCPR), Lingnan University (14.06.2023) R5 - Meituan (15.06.2023) R6 - Hong Kong Catering Industry Association (15.06.2023) R7 - Consumer Council (15.06.2023) R8 - Danny Lai Yeung (15.06.2023) 2nd Consultation (10 November 2023) R1 - Theodore (24.11.2023) R2 - Anonymous (24.11.2023) R3 - Tak Leung Ip (24.11.2023) R4 - Meituan (24.11.2023) |
| Current Status |
The Parties offered the Proposed Commitments under section 60 of the Ordinance in relation to certain terms in their respective agreements with partnering restaurants in Hong Kong. The Commission considered the Proposed Commitment offered by Foodpanda and the New Proposed Commitment offered by Deliveroo appropriate to address its concerns about a possible contravention of the First Conduct Rule and therefore proposed to accept them. On 1 June 2023, the Commission published a notice of its proposed acceptance of the Proposed Commitments offered by the Parties, as required by section 2 of Schedule 2 to the Ordinance, and sought representations from interested parties. The deadline for representations was 15 June 2023. The Commission received representations from eight parties within this deadline. On 10 November 2023, the Commission further published a notice of its proposed acceptance of the New Proposed Commitment offered by Deliveroo, as required by section 2 of Schedule 2 to the Ordinance, and sought representations from interested parties. The deadline for representations was 24 November 2023. The Commission received representations from four parties within this deadline. Having carefully considered all representations received during the two consultations, the Commission does not consider that there is anything that would make it inappropriate to accept the Parties’ Proposed Commitments. The Commission decided to accept the Proposed Commitments and on 29 December 2023, issued a notice of acceptance. The Commitments are published in the Commitments Register. |