Category: Market Highlights

An investigation by India’s Competition Commission (CCI) found that food delivery giants Zomato & Swiggy have violated antitrust laws by favoring certain restaurants through exclusive business practices, according to confidential documents reviewed by Reuters. The report revealed that Zomato secured “exclusivity contracts” with partners, offering lower commissions in return, while Swiggy assured business growth to restaurants that listed exclusively on its platform.

These exclusivity agreements between the companies and selected restaurant partners limit competition in the market, according to CCI’s investigative findings. The antitrust probe, which began in 2022 following a complaint from the National Restaurant Association of India, highlights concerns about the impact of such practices on smaller food outlets.

The confidential documents, shared with Zomato, Swiggy, and the complainant in March 2024, have not been previously disclosed. After Reuters’ report, Zomato’s shares dropped 3%, though they were flat earlier in the day. Swiggy’s IPO prospectus lists this investigation as an “internal risk,” warning that any violation of the Competition Act could result in significant fines.

Swiggy informed investigators that its “Swiggy Exclusive” program was phased out in 2023, though it plans to introduce a similar program called “Swiggy Grow” in non-metro areas. Both Swiggy and Zomato have transformed India’s food delivery landscape as smartphone use and online ordering surged, listing hundreds of thousands of outlets on their platforms.

The investigation found that both companies also required restaurants to maintain pricing parity, reducing market competition by preventing discounts on other platforms. Zomato was noted for enforcing price restrictions, sometimes with penalties for non-compliance. Swiggy allegedly warned some partner restaurants that their rankings would suffer if they didn’t follow price parity.

The final phase of the CCI case involves a decision from its leadership, which is still evaluating the investigation’s findings to determine any potential penalties or required adjustments to Swiggy’s and Zomato’s business practices. This decision may take several weeks, and both companies could still challenge the findings.

Zomato’s stock has surged to a valuation of approximately $27 billion since its 2021 listing, while Swiggy values itself at $11.3 billion in its IPO. According to Macquarie Capital, Swiggy’s projected food order values for 2024-25 are $3.3 billion, about 25% lower than Zomato’s.

Both companies are rapidly expanding into the quick commerce sector, offering grocery delivery within minutes. Last month, India’s largest retail distributors’ group requested the CCI to investigate alleged predatory pricing practices in this segment by Zomato, Swiggy, and competitor Zepto.

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