The Chamber of the Hellenic Competition Commission will convene on Thursday, April 14th, 2022, following the relevant Statement of Objections to examine the notified merger, concerning the acquisition of companies a) "Alfa Distributions SA", (b) "Inkat SA", (c) "Delivery.gr IKE Sole Proprietor" and (d)" E-table Online Restaurant Reservations IKE Sole Proprietor" by "DELIVERY HERO SE", according to article 8 of law 3959/2011.
Delivery Hero SE is the parent company of a group that is mainly active on online ordering and food distribution services in more than 40 countries. Its subsidiaries in Greece include the company "Online Delivery SA", which operates the online ordering platform "e-food", through which consumers connect with restaurants, supermarkets, convenience stores and other local stores, as well as the company " Delivery Hero Dmart Greece SA ", which operates the online convenience store " e-food market ".
Regarding the acquired companies: (a) "Alfa Distributions SA" is active in the wholesale for supermarkets; (b) "Inkat SA" in the wholesale and mainly, in the retail sale for groceries through the "Kiosky's" grocery stores; (c) "Delivery.gr IKE Sole Proprietor" operates the on line platform "delivery.gr", which provides online mediation services (ordering) for restaurants, supermarkets, convenience stores and other local stores and (d)" E-table Online Restaurant Reservations IKE Sole Proprietor", which provides online mediation services for reservations in restaurants, through the "e-table" service.
According to the Statement of Objections, in the online mediation market for the sale of supermarket products, after the acquisition, Delivery Hero, through the online applications/platforms e-food.gr and delivery.gr will hold a strong market share which is not expected to change significantly in the future given its cooperation with a large supermarket chain on an exclusive basis. However, given the bargaining power of other supermarkets, whose online sales are mainly achieved through their websites and not through online platforms, it is estimated that the merged entity will not be able to substantially restrict competition in the market, compared with the pre-merger situation.
However, it is estimated that potential uncoordinated conglomerate effects arise from the combination of the new entity's significant activities in the online mediation market for restaurant reservations through its platform "e-table" and in the online mediation market for food ordering, through the "e-food" platform. Specifically, the merged entity will have both the ability and the incentive to pursue vis-à-vis business users a bundling strategy, offering the online ordering services for business users, in which it already has a strong market position, along with the online booking services in restaurants, thereby reducing the ability or incentive of its competitors, in the online restaurant booking services market, to compete effectively.
The commissionaire-rapporteur therefore suggests for the Commission not to approve the notified merger, concerning the acquisition by “DELIVERY HERO SE” over companies (a) "Alfa Distributions SA" (b) "Inkat SA" (c) "Delivery.gr IKE Sole Proprietor" and (d)" E-table Online Restaurant Reservations IKE Sole Proprietor", unless the notifying undertaling offers an appropriate and sufficient package of commitments (corrective measures) that will eliminate the possible competition problems arising from the merger.
Finally, it is reminded that the Statement of Objections is not binding for the Commission, which will decide, taking into account the facts and the views of the parties involved, during the oral hearing process.