Bloomberg Law
March 17, 2023, 3:03 PM

Grubhub and Uber Can’t Move Price-Fixing Suit to Arbitration

Hadriana Lowenkron
Hadriana Lowenkron

Grubhub Inc., Postmates Inc. and Uber Technologies Inc. can’t move to arbitration a lawsuit alleging their food delivery fees raised restaurant prices, a judge ruled.

US District Judge Lewis Kaplan on Thursday denied the companies’ request to move the price-fixing suit to a third-party arbitrator. He found that the defendants’ arbitration clauses don’t apply to the claims in the lawsuit, insofar as the plaintiffs didn’t make their allegations “in their capacities as a current or former user” of the companies’ platforms.

The plaintiffs are New York state residents and consumers who bought dine-in and direct meals from restaurants with ...