Description
In a judgement dated 10 July 2025, the Commercial Court of Barcelona dismissed in its entirety a lawsuit brought by Just Eat Spain (JES) against its competitor, Glovo. Just Eat was claiming over €295 million in damages for alleged unfair competition
Just Eat's central claim was that Glovo had engaged in unfair competition by systematically breaking Spanish labour law since 2015. Just Eat argued that Glovo built its business model on illegally classifying its delivery riders as "false self-employed" ("falsos autónomos") instead of employees.
This practice, according to Just Eat, gave Glovo an illicit cost advantage, allowing it to distort the market, damage competitors' profit margins, and unfairly gain a dominant market position.
Glovo countered that its relationship model with riders had evolved through several distinct phases and that each model was compliant with the law at the time. It also argued that Just Eat had waited too long to file its lawsuit.
The judge rejected Glovo's procedural claims that the lawsuit was filed too late but ultimately ruled in Glovo's favour on all substantive points.
-
Labour Law is Not Competition Law
The court first ruled that even if a company breaks labour law, this is not an infringement of laws that specifically regulate competitive activity. It stated that the object of labour law is to regulate the relationship between employers and workers, not the market itself.
-
Glovo Did Not Break the Law
The judge concluded that, for the period under review (from 2019 onwards), Glovo's rider models ("Slot 2" and "Flex") provided sufficient autonomy and independence for the riders to be considered genuine self-employed contractors.
The judge found that the Spanish Supreme Court's landmark 2020 ruling (which declared Glovo's riders to be employees) only applied to an older model ("Slot 1") and was not relevant to the newer, more flexible models.
The ruling was heavily influenced by numerous decisions from administrative courts, which had consistently found Glovo's newer models to be non-employment relationships.
The judge argued that Spain's Riders' Law allows for self-employed couriers, provided the relationship is genuinely autonomous, and that Glovo's models met this standard.
-
The Damages Claim Was Unfounded
Finally, the court found Just Eat's damages calculation to be based on flawed assumptions. It noted that the two companies had different business models and were not directly comparable. Crucially, real-world data presented at trial showed that after Glovo began employing its riders in early 2025, its market share did not fall as Just Eat's economic model had predicted; instead, it remained stable while Just Eat's slightly declined.
- Keywords
-
platform characteristics and business model,
sector aspects, competition, lobbying
- Actors
-
Platform,
Court
- Sector
-
Transportation and storage
- Platforms
-
JustEat,
Glovo
Sources
-
Glovo (the Spanish unit of Delivery Hero) has announced that it will hire riders as full-time employees. This shift is intended to mitigate ongoing legal uncertainties and regulatory penalties previously …