Morrison Foerster Advises Delivery Hero on Public Takeover by Uber

Morrison Foerster (“MoFo”) is advising the Supervisory Board of Delivery Hero SE (“Delivery Hero”), the world’s leading local delivery platform, in connection with the proposed takeover by global mobility and food delivery platform Uber Technologies, Inc. (“Uber”).

Founded in Berlin in 2011, Delivery Hero operates in approximately 65 countries across four continents, connecting consumers with restaurants, retailers, and other local businesses through its technology-enabled marketplace.

The proposed transaction represents a significant development in the global food delivery and quick commerce sector, reflecting the continued evolution of one of the world’s most dynamic technology markets as platforms pursue greater innovation and enhanced value, choice, and convenience for consumers, merchants, and delivery partners.

Niklas Östberg, co-founder and CEO of Delivery Hero, said: “This acquisition and Uber’s planned investment in Germany demonstrate the attractiveness of the European tech ecosystem and we intend to keep contributing to its growth.”

Kristin Skogen Lund, chair of the Delivery Hero Supervisory Board, added: “The food delivery business is highly competitive and scale dependent. It is challenging to build from a European base, yet we have achieved an enormous amount over 15 years. Joining forces with a strong partner now is the right move for Delivery Hero to best secure its future competitiveness and ability to deliver value for all our stakeholders.”

MoFo is advising Delivery Hero’s Supervisory Board on the legal aspects of the takeover and related transactions, including executive compensation, as well as the Supervisory Board’s duties in such process.

Completion of the transaction remains subject to numerous closing conditions, including receipt of certain merger control and applicable regulatory clearances.

Delivery Hero is a longstanding client of MoFo, and prior to the takeover, MoFo had advised on a broad range of strategic corporate and capital markets matters in the U.S. and Germany, including in connection with Delivery Hero’s annual general meetings, its management board remuneration systems, and general stock corporation and capital markets law.

The MoFo team is led by Berlin M&A partner Dr. Dirk Besse. The wider team includes Berlin partner Dr. Sebastian Schwalme, counsel Julian Gebauer, and senior associate Dr. Omid Ebrahimzadeh (all capital markets/M&A); counsel Dr. Jakob Tybus and senior associate Christin Dunkel (both Executive Compensation); and Brussels partner Alexander Israel (Antitrust/Merger Control).