São Paulo Court Begins 99Food Exclusivity Case as CADE Reopens Probe
Brazil · Business
Key Facts
- —TJSP hearing Court began judging 99Food clauses on 11 Aug 2026.
- —Rapporteur vote Desembargador Rômolo Russo voted against the clauses.
- —Case status Judgment interrupted by a review request; not concluded.
- —CADE probe Regulator reopened investigation in early July 2026.
- —Prior archive Investigation archived on 25 June 2026 for insufficient evidence.
- —99Food argument Company says clauses are pro-competitive; cites iFood share.
- —Market share claim 99Food alleges iFood holds more than 80% of the market.
A judge voted against the clauses, but the trial is paused for review. No final ruling yet.
The 99Food exclusivity case reached Brazil’s court on 11 August 2026, and a regulator also reopened a probe. A judge voted against the company’s clauses, but the trial is paused for review.
Court Starts Judging the 99Food Exclusivity Case
The São Paulo state court (TJSP) began judging the 99Food exclusivity case on 11 August 2026. The court is looking at so-called banishment clauses involving 99Food and Keeta.
These clauses are rules in contracts that stop restaurants from using other delivery apps. The case is being watched closely by people in the food-delivery business.
The rapporteur, Desembargador Rômolo Russo, voted against the clauses. He considered them illegal, according to O Povo.
This vote is an important first step in the case. However, it is not the final word on the matter.
The vote was interrupted by a pedido de vistas, a formal request for review. This is a standard step in Brazilian appellate courts.
It allows another judge to examine the case files in more detail. This happens often in complex legal matters.
So the case is not finished, and no new hearing date has been set. The hearing is part of a bigger dispute over rules that require partner restaurants to use 99Food exclusively.
Such clauses are common in Brazil’s food-delivery sector. Courts and regulators have been watching them closely.
CADE Reopens Investigation into Partial Exclusivity
In early July 2026, CADE, Brazil’s antitrust regulator, reopened an investigation into partial exclusivity clauses. These clauses are in contracts between 99Food and partner restaurants, according to O Globo.
This means the regulator is looking at the case again. They want to see if these rules harm competition.
The probe had been closed on 25 June 2026. At that time, the General Superintendence said there was not enough evidence to continue.
The decision to close the case was made after an initial review. That review found the evidence insufficient at that time.
CADE reopened the case after reviewing new testimony from restaurants. The regulator has not made a final decision yet.
This new testimony may provide more details about how the clauses work. It could show if restaurants feel pressured to follow them.
The court case and the CADE probe are separate. They have different rules and possible outcomes.
CADE has not given a timeline for the new investigation. Both processes are happening at the same time.
Each one will move at its own pace.
99Food Defends Its Contractual Clauses
99Food says its clauses are pro-competitive. The company points to competitor iFood, which it says holds more than 80% of the market, according to O Globo.
The company believes these rules help smaller platforms grow. It argues they need protection to survive.
That figure is 99Food’s claim, not an official finding by CADE or any court. The company has not made a public statement on the reopened probe or the court case.
It is important to remember that this number comes from 99Food. Regulators may have a different view of the market.
99Food’s defense is that such clauses help smaller platforms compete against a dominant player. This is a common argument in antitrust cases.
In many industries, companies use similar arguments to defend their contracts. They say their actions help consumers in the long run.
The idea is that without exclusivity, smaller platforms would lose restaurants and users. That could make the big player even stronger.
99Food believes this would be bad for everyone. It says users would have fewer choices and prices could go up.
Market Context for the 99Food Exclusivity Case
The dispute is about clauses that stop restaurants from using rival delivery platforms like Keeta. Such agreements are common in Brazil’s food-delivery market, according to industry reports.
This is a very common practice in the sector. Many platforms use these agreements to keep restaurants loyal.
Brazil’s delivery market has grown quickly and consolidated in recent years. Many platforms compete for users in big cities.
This growth has made the market very competitive. Companies are trying to find new ways to attract customers.
The court’s decision and the CADE probe could change how platforms write contracts with restaurants. This might affect the whole industry.
If the rules change, every platform will have to adapt. This could lead to new strategies for gaining customers.
Legal experts say each exclusivity case is unique. The outcome depends on market conditions and evidence of harm.
What works in one market might not work in another. That is why it is hard to predict the final result.
In recent years, CADE has examined several exclusivity complaints in delivery. Globally, antitrust bodies are paying more attention to platform conduct.
This is part of a worldwide trend. Authorities are looking closely at big tech and delivery companies.
Next Steps in the 99Food Exclusivity Case
The TJSP will resume the trial after the review request is done. No date has been set, according to court reports.
The court will wait for the judge to finish their review. Then they can schedule a new hearing.
CADE’s new inquiry is at an early stage. There is no timeline for a final decision.
The regulator is still gathering information. It is not clear when it will make a ruling.
Investors are watching the 99Food exclusivity case closely. They want to know how it might affect competition in delivery.
The outcome could change the value of these companies. That is why investors are paying attention.
For now, 99Food keeps operating under its current contracts. No court or regulator has imposed temporary measures.
The company can continue its normal business activities. It does not have to change anything yet.
If either body finds the clauses illegal, 99Food would likely need to change its contracts. That could affect thousands of restaurants and reshape its strategy.
It would be a major change for the company. It is a possibility that everyone is waiting to see.
Frequently Asked Questions
What is the 99Food exclusivity case about?
The case involves clauses that stop restaurants from using rivals like Keeta. The court began hearing it on 11 August 2026.
Has the court ruled on the 99Food exclusivity case?
No. The trial paused for review after a judge voted against the clauses. There is no final ruling yet.
What did CADE do regarding 99Food?
CADE reopened an investigation in early July 2026 into partial exclusivity clauses in 99Food contracts. The probe had been closed in June 2026.
What is 99Food’s argument in the case?
99Food says its clauses help competition, citing iFood’s alleged market share over 80%. That is the company’s claim, not an official finding.
Sources: O Povo; O Globo; Ground News
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