Brazil’s Administrative Council for Economic Defense (CADE) has ordered the continuation of an antitrust investigation into 99Food regarding potentially anticompetitive contractual clauses signed with restaurants. The decision sends Administrative Inquiry No. 08700.008408/2025-19 back to the agency’s General Superintendence for further evidence gathering, reversing an earlier decision to close the case.
The inquiry originated from a complaint filed by competitor Keeta Delivery Brazil Ltda., which alleged that 99Food imposes contractual restrictions and offers financial incentives that prevent restaurants from joining competing digital food delivery platforms. Keeta argued that these practices hinder market entry and expansion for rivals. Although the General Superintendence initially moved to archive the case in June, CADE’s Tribunal stepped in to review whether the initial investigation was thorough enough.
Interim President and Reporting Counselor Diogo Thomson de Andrade determined that additional research is necessary before reaching a final conclusion. The ongoing investigation will gather direct testimony from restaurants to examine how these clauses affect “multi-homing”—the ability of establishments to operate across multiple delivery platforms simultaneously. Regulators will analyze contract durations, financial incentives, penalties, and the overall competitive impact on the sector. The inquiry will also evaluate the dynamics of major market players like iFood and Rappi, assess previous Cease and Desist Agreements, and review documents submitted by 99Food concerning Keeta’s own contractual practices.
In a parallel decision, CADE addressed a voluntary appeal filed by Keeta seeking an immediate injunction to suspend 99Food’s restrictive clauses. The Tribunal formally acknowledged the appeal but denied the request for preventive measures, citing insufficient evidence of immediate market harm at this stage.
CADE emphasized that neither decision represents a final ruling on the legality of the market practices. The ongoing investigation seeks only to build a comprehensive factual record regarding competition within Brazil’s food delivery ecosystem.
