Technology Settlements in Chile: Apple, Booking, and Food Delivery

Technology settlements in Chile have become a defining feature of the country’s competition and consumer enforcement over the past five years. The National Economic Prosecutor’s Office (Fiscalía Nacional Económica, or FNE) and the consumer agency SERNAC have extracted payments and operational changes from Apple, Booking.com, Delivery Hero, Glovo, Uber Eats, PedidosYa, and Rappi, with a separate lawsuit against Google seeking roughly $89 million still pending before the Competition Tribunal (TDLC).

Apple’s Planned Obsolescence Settlement

In April 2021, Apple agreed to pay $3.4 million to settle a lawsuit brought by the Chilean consumer organization Odecu on behalf of roughly 150,000 iPhone users.1TechXplore. Apple to Pay $3.4M in iPhone Obsolescence Suit in Chile The case covered software updates released before December 21, 2017, that slowed older devices without clearly telling owners their processors would be throttled.

Affected models included the iPhone 6, 6 Plus, 6s Plus, 7, 7 Plus, and SE. Apple described the mechanism, introduced in iOS 10.2.1, as a battery-management feature for devices with degraded batteries; plaintiffs argued users were never informed their phones would run more slowly as a result.2Apple Insider. Apple to Pay $3.4M in Chile to Settle Planned Obsolescence Lawsuit

Eligible owners could claim up to $50 per device, with the payment split between successive owners if a phone had changed hands, and claimants had to provide proof of reduced performance. The deal was reported as the first of its kind in Latin America.1TechXplore. Apple to Pay $3.4M in iPhone Obsolescence Suit in Chile

Booking.com’s $6 Million Antitrust Deal

On March 23, 2026, the TDLC approved an out-of-court settlement under which Booking.com paid $6 million to the Chilean treasury and removed price-parity clauses from its contracts with hotels and other accommodation providers.3FNE. TDLC Approves Out-of-Court Settlement with Booking.com The $6 million payment was the largest ever committed in this type of settlement in Chile at the time.

The clauses at issue, known as “most favored nation” provisions, prevented hotels from offering lower rates on competing platforms or through their own direct booking channels. The FNE opened its investigation in 2024 after a broader study of the accommodation market, concluding that the clauses reduced competitive pressure among platforms and discouraged accommodation providers from competing on price.3FNE. TDLC Approves Out-of-Court Settlement with Booking.com

Booking.com agreed to remove parity language from its general conditions and from its PPP, PPP+, and Genius loyalty programs, add Chile to its internal list of countries without parity clauses, and notify every accommodation provider of the change. The commitments stay in force for at least three years, and the agreement explicitly states that it does not constitute an admission of wrongdoing.4TDLC. Acuerdo Extrajudicial N° 41/20265FNE. Acuerdo Extrajudicial FNE-Booking.com National Economic Prosecutor Jorge Grunberg called the settlement an “efficient mechanism” suited to digital markets, where lengthy litigation risks becoming outdated before it concludes.3FNE. TDLC Approves Out-of-Court Settlement with Booking.com

Food Delivery: Two Rounds of Settlements

Uber Eats, PedidosYa, and Rappi Drop Parity Clauses

On December 29, 2023, the TDLC approved out-of-court settlements between the FNE and three major platforms: Uber Eats, PedidosYa (owned by Delivery Hero), and Rappi.6FNE. TDLC Approves Settlements with Uber Eats, PedidosYa, and Rappi All three removed “most favored nation” clauses that had stopped restaurants from offering lower prices on competing apps or through their own sales channels.

The platforms also committed to telling restaurants they are free to set prices independently and promised not to reintroduce the restrictions in future contracts. The commitments run indefinitely, with a review possible after three years. No monetary fines were imposed.6FNE. TDLC Approves Settlements with Uber Eats, PedidosYa, and Rappi

Delivery Hero and Glovo Pay $31.5 Million

A much larger penalty followed. In June 2025, the FNE filed a complaint against Delivery Hero (PedidosYa’s parent) and Glovoapp23 (Glovo’s parent), alleging the two had carved up Latin American markets through a scheme the agency called “Project Green.”7FNE. FNE Requests US$74 Million Fine for Pedidos Ya and Glovo’s Parent Companies

According to the FNE, four asset transfer agreements signed on April 26, 2019, split the region: Delivery Hero took over Glovo’s operations in Chile and Egypt, while Glovo acquired Delivery Hero’s operations in Peru and Ecuador. The contracts included three-year non-compete clauses blocking either company from reentering the other’s assigned markets. The FNE cited internal executive emails showing the companies discussed modifying contract language to avoid detection by competition authorities.7FNE. FNE Requests US$74 Million Fine for Pedidos Ya and Glovo’s Parent Companies

The FNE initially sought $74 million, split between Delivery Hero ($55 million) and Glovo ($19 million). The case was resolved through a conciliation agreement approved by the TDLC, with a combined payment of roughly $31.5 million, most of it borne by Delivery Hero. Delivery Hero must also provide annual competition-law training for its Chilean executives for five years. The payment was the largest ever committed by a single company in a Chilean competition case.8Mobile Time Latin America. PedidosYa y Glovo Acuerdo Chile

Chile was not alone. The European Commission fined the same companies a combined €329 million in June 2025 for market allocation, no-poach agreements, and exchanges of sensitive commercial information, and Egypt’s competition authority had declared the arrangement null and void back in May 2019.9Centro Competencia. El Requerimiento de la FNE Contra Glovo y Pedidos Ya por Reparto de Mercado

The Google Lawsuit Still in Progress

Not every case has ended in a deal. On May 9, 2025, the FNE sued Google before the TDLC, alleging abuse of dominant position within the Android ecosystem in Chile and asking for a fine of approximately $89 million.10FNE. FNE Accuses Google of Abuse of Dominant Position

The complaint alleges Google holds roughly 95% of app distribution and over 99% of paid in-app digital goods on Android devices in Chile. The FNE says Google has restricted competition since at least 2019 by requiring the Play Store to be pre-installed as a condition for accessing other Google services, blocking third-party app stores from being distributed through Play, and preventing developers from using alternative in-app billing systems.10FNE. FNE Accuses Google of Abuse of Dominant Position

The investigation began in October 2022 after a consumer complaint and originally covered Apple’s App Store practices as well. No settlement or ruling in the Google case has been reported as of mid-2026.11FNE. FNE News and Communications

Why Chile Keeps Reaching These Deals

The common thread across the Booking.com, Uber Eats, PedidosYa, and Rappi cases is the “most favored nation” clause, a pricing mechanism that stops suppliers from undercutting a platform elsewhere and has drawn antitrust attention worldwide. The Delivery Hero and Glovo case addressed a different theory, market allocation between competitors, but followed the same procedural route: a formal complaint by the FNE, then a negotiated resolution approved by the TDLC before trial.

That pattern reflects a deliberate choice by the FNE to favor settlements in fast-moving digital markets, where a multi-year trial can leave the remedy outdated by the time it arrives. For companies, the trade is a payment and a set of binding operational changes in exchange for closing the file, often without admitting wrongdoing. For users and businesses on these platforms in Chile, the practical result has been the removal of pricing restrictions and, in the Apple case, direct compensation for affected device owners.