Keeta presented a voluntary appeal to the court of the Administrative Council for Economic Defense (Cade), requesting an urgent assessment of the preventive measure regarding the ban clauses imposed by competitor 99Food. In the document, filed this Tuesday, 7th, Keeta requests the imposition of the preventive measure “to safeguard competitiveness in the online food ordering intermediation market”.
Last week, in response to Keeta’s request, Cade’s General Superintendence (SG) opened an administrative inquiry to investigate the complaint that there are anti-competitive contractual clauses on the part of 99Food, which would be prohibiting restaurants from signing with the Chinese Keeta (from Meituan) and the Colombian Rappi.
For Keeta, exclusivity clauses, including those that prohibit establishments from working with specific new entrants, put free competition in Brazil at risk, not just in the food sector. delivery of food, but across the entire economy, limiting freedom of choice and restricting opportunities for all.
“The market for delivery of food in Brazil has long been distorted by exclusivity clauses imposed by competitors that prevent restaurants, and ultimately consumers, from freely choosing their delivery platforms.” The company, which has been operating in São Paulo for around five months, argues that the sector “urgently needs decisions that promote an open market”, under the principles of free competition and the free market. “The company trusts that the authorities will act to guarantee these conditions, creating more income opportunities for restaurants and delivery partners, preserving consumers’ freedom of choice and accelerating innovation”, he adds.
In turn, 99 said that it continues to collaborate with Cade, providing all requested and necessary information, and recognizes the importance of monitoring the market for delivery“especially in a context in which its practices comply with applicable rules”.
“The company naturally welcomes this monitoring and reinforces its commitment to ethical and pro-competition action, contributing to a more dynamic, competitive and balanced environment”, added 99.
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Questionnaires
Also this Tuesday, Cade’s SG sent questionnaires to Keeta, 99Food, Rappi and also to the Brazilian iFood asking for information about their operations in the national market. Responses must be submitted by companies by April 27th, under penalty of a daily fine of R$5,000.
Among the questionnaire requests are the provision of the complete list of cities in which each platform operates, in addition to the number of restaurants with active and inactive contracts and the gross value transacted by the platform. The questions ask that the period from 2023 to 2025 be considered.
Keeta sued Cade in August 2025 alleging alleged practices of abuse of a dominant position by 99Food in the Brazilian food market. marketplaces of delivery of food. The company alleges that the rival had signed contracts with several restaurants containing “ban clauses”, which prohibit 99Food’s partner restaurant from entering into any type of commercial relationship with Keeta and Rappi.
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Keeta and 99Food are rival Chinese companies. Keeta is a subsidiary of technology giant Meituan and recently arrived in Brazil with a billion-dollar investment plan to compete with iFood. 99, although it was founded in Brazil, was acquired by the Chinese group DiDi Chuxing in 2018 and is a delivery platform integrated into the 99 app, which also offers transport services.
The investigation at Cade is in the investigation phase, with analysis of contracts and collection of statements to investigate alleged anti-competitive practices. Associations and competitors can qualify as interested third parties. After the analysis, the SG must declare its conviction or dismissal, with the final decision made by Cade’s court.