Case 1:20-cv-03000-LAK Document 59 Filed 04/29/22 Page 1 of 41
`Case 1:20-cv-03000-LAK Document 59 Filed 04/29/22 Page 1 of 41
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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF NEW YORK
`
`Civ. No. 1:20-cv-03000-LAK
`
`MARIAM DAVITASHVILI, ADAM BENSIMON,
`MIA SAPIENZA, PHILIP ELIADES, JONATHAN
`SWABY,JOHN BOISI, NATHAN OBEY,and
`MALIK DREWEY,individually and on behalfofall
`others similarly situated,
`
`Plaintiffs,
`
`V.
`
`GRUBHUBINC., UBER TECHNOLOGIES, INC.,
`and POSTMATESINC.,
`
`Defendants.
`
`
`
`ANSWEROF UBER TECHNOLOGIES, INC. AND POSTMATES, LLC TO
`AMENDED CONSOLIDATED CLASS ACTION COMPLAINT
`
`Defendants Uber Technologies, Inc. (“Uber’’) and Postmates, LLC (‘“Postmates”), by and
`
`through their undersigned attorneys, hereby answer and assert defenses to the claims and
`
`allegations made by Mariam Davitashvili, Adam Bensimon, Mia Sapienza, Philip Eliades,
`
`Jonathan Swaby, John Boisi, Nathan Obey, and Malik Drewey, individually and on behalfofall
`
`others similarly situated (“Plaintiffs”) in the Amended Consolidated Class Action Complaint, ECF
`
`No.28,filed on August 31, 2020 (the “Complaint”).! Except as specifically admitted, each factual
`
`The entity formerly known as Postmates Inc. was acquired by Uber Technologies, Inc. on
`1
`December 1, 2020. Postmates, LLC is the wholly-owned subsidiary of Uber Technologies, Inc.
`
`1
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`

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`Case 1:20-cv-03000-LAK Document 59 Filed 04/29/22 Page 2 of 41
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`assertion by Plaintiffs is denied. Uber and Postmates further deny each and every averment
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`contained in the headings, subheadings, and non-numbered statements in the Complaint.
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`RESPONSES TO INDIVIDUAL PARAGRAPHS
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`Numbered paragraphs below correspond to the like-numbered paragraphs in the
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`Complaint. Except as specifically admitted, Uber and Postmates deny the allegations in the
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`Complaint.
`
`L
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`ANSWERTO INTRODUCTION
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`1.
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`The allegations in Paragraph 1 reflect legal conclusions, for which no responseis
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`required. To the extent an answer is required, Uber and Postmates deny the allegations in
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`Paragraph 1.
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`2.
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`Uber and Postmates lack knowledgeor information sufficient to form a belief as to
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`the truth of the allegations in Paragraph 2 and denythe allegations on that basis.
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`3.
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`The allegations in the first sentence of Paragraph 3 reflect legal conclusions, for
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`which no response is required. To the extent an answeris required, Uber and Postmates deny the
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`allegations. Uber and Postmates lack knowledge or information sufficient to form a belief as to
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`the truth of the allegations in the second sentence of Paragraph 3 and denythe allegations on that
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`basis.
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`4.
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`The allegations in the first sentence of Paragraph 4 reflect legal conclusions, for
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`which noresponse is required. To the extent an answer is required, Uber and Postmates deny the
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`allegations. Uber and Postmates lack knowledge or information sufficient to form a belief as to
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`

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`Case 1:20-cv-03000-LAK Document 59 Filed 04/29/22 Page 3 of 41
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`the truth of the allegations in the second sentence of Paragraph 4 and denythe allegations on that
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`basis.
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`5.
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`Uber denies the allegations in Paragraph 5 relating to Uber and Postmates. Uber
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`lacks knowledge or information sufficient to form a belief as to the truth of the allegations in
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`Paragraph 5 relating to Grubhub and Doordashand deniesthe allegations on that basis. Uberstates
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`that certain, but not all, contracts between Portier, LLC and merchants contained a provision that
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`stated: “Merchant may not make any Item available to Customers through the Eats Appat a price
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`that is higher than the price that Merchant charges in-store for similar Items. Merchant agrees that
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`you will not make an Item available under this Agreement at a price higher than the amount
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`Merchant is charging for similar items through any comparable platform for food delivery
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`services.” These documents speak for themselves, and Uber refers to those contracts for a
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`complete and accurate statement of their contents.
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`Postmates denies the allegations in the first and second sentences of Paragraph 5 relating
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`to Postmates. Postmates lacks knowledgeor information sufficient to form a belief as to the truth
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`of the allegations in Paragraph 5 relating to Uber, Grubhub, and Doordash and denies the
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`allegations on that basis. Postmates further states that certain, but not all, contracts between
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`Postmates and merchants containeda provisionthat stated “Merchant will keep Postmates apprised
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`of available products and pricing, which shall be consistent with Merchant’s in-store pricing.”
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`These documents speak for themselves, and Postmates refers to those contracts for a complete and
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`accurate statement of their contents.
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`

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`Case 1:20-cv-03000-LAK Document 59 Filed 04/29/22 Page 4 of 41
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`6.
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`The allegations in Paragraph 6 reflect legal conclusions, for which no response is
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`required. To the extent an answer is required, Uber and Postmates deny the allegations in
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`Paragraph 6.
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`7.
`
`The allegations in Paragraph 7 reflect legal conclusions, for which no response is
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`required. To the extent an answer is required, Uber and Postmates deny the allegations in
`
`Paragraph 7.
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`8.
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`The allegations in Paragraph 8 reflect legal conclusions, for which no response is
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`required. To the extent an answer is required, Uber and Postmates deny the allegations in
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`Paragraph 8.
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`9.
`
`The allegations in Paragraph 9 reflect Plaintiffs’ characterization of their case and
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`the relief sought, for which no response is required. To the extent an answeris required, Uber and
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`Postmates deny the allegations in Paragraph 9.
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`II.
`
`ANSWER TO ALLEGATIONS REGARDING PARTIES
`
`10.
`
`Uber and Postmates lack knowledge or information sufficient to form a belief as
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`to the truth of the allegations in Paragraph 10 and denythe allegations on that basis. Uber and
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`Postmates state that a user named Mariam Davitashvili has used the Postmates application to order
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`meals on more than one occasion.
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`11.|Uber and Postmates lack knowledgeor information sufficient to form a belief as to
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`the truth of the allegations in Paragraph 11 and denythe allegations on that basis. Uber and
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`Postmates state that a user named Adam Bensimon has used the Postmates application to order
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`meals on more than one occasion.
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`

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`Case 1:20-cv-03000-LAK Document 59 Filed 04/29/22 Page 5 of 41
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`12.
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`Uber and Postmates lack knowledgeor information sufficient to form a belief as to
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`the truth of the allegations in Paragraph 12 and denythe allegations on that basis. Uber states that
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`a user named Mia Sapienza has used the Uber Eats and Postmates applications to order meals on
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`more than one occasion.
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`Postmates states that a user named Mia Sapienza has used the Postmates application to
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`order meals on more than one occasion.
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`13.|Uber and Postmates lack knowledgeor information sufficient to form a belief as to
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`the truth of the allegations in Paragraph 13 and denythe allegations on that basis.
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`14.
`
`Uber and Postmates lack knowledgeor information sufficient to form a belief as to
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`the truth of the allegations in Paragraph 14 and denythe allegations on that basis. Uber and
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`Postmates state that a user named Jonathan Swaby has used the Postmates application to order
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`meals on more than one occasion.
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`15.|Uber and Postmates lack knowledgeor information sufficient to form a belief as to
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`the truth of the allegations in Paragraph 15 and denythe allegations on that basis. Uber and
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`Postmates state that a user named John Boisi has used the Postmates application to order meals on
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`more than one occasion.
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`16.|Uber and Postmates lack knowledgeor information sufficient to form a belief as to
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`the truth of the allegations in Paragraph 16 and denythe allegations on thatbasis.
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`17.
`
`Uber and Postmates lack knowledgeor information sufficient to form a belief as to
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`the truth of the allegations in Paragraph 17 and denythe allegations on thatbasis.
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`5
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`

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`Case 1:20-cv-03000-LAK Document 59 Filed 04/29/22 Page 6 of 41
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`18.|Uber and Postmates lack knowledgeor information sufficient to form a belief as to
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`the truth of the allegations in Paragraph 18 and denythe allegations on thatbasis.
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`19.|Uber admits the allegations in the first sentence of Paragraph 19. Uberstates that
`
`its 2019 Annual Report stated: “Our Eats offering allows consumers to search for and discover
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`local restaurants, order a meal, and either pick-up at the restaurant or have the meal delivered.”
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`Uber further states that in its 2019 Annual Report,
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`it reported revenues for Uber Eats of
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`approximately $2.51 billion. The 2019 Annual Report speaks for itself, and Uber refers to that
`
`document for a complete and accurate statement of its contents. Uber denies the remaining
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`allegations in Paragraph 19.
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`Postmates lacks knowledge or information sufficient to form a belief as to the truth of the
`
`allegations in Paragraph 19 and deniesthe allegations on that basis.
`
`20.
`
`Uber and Postmatesstate that Postmates Inc. was acquired by Uber Technologies,
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`Inc. on December 1, 2020. Uber and Postmates further state that Postmates, LLC is a wholly-
`
`owned subsidiary of Uber Technologies, Inc. Uber and Postmates deny the remainingallegations
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`in Paragraph 20.
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`21.
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`Uber and Postmates state that on July 6, 2020, Uber announcedthat it “reached a
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`definitive agreement under which Uberwill acquire Postmates for approximately $2.65 billion in
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`an all-stock transaction.” Uber and Postmates deny the remainingallegations in Paragraph 21.
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`

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`Case 1:20-cv-03000-LAK Document 59 Filed 04/29/22 Page 7 of 41
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`Tl.
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`ANSWER TO ALLEGATIONS REGARDING JURISDICTION AND VENUE
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`22.
`
`The allegations in Paragraph 22 reflect legal conclusions, for which no responseis
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`required. To the extent a response is required, Uber and Postmates do not contest subject matter
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`jurisdiction in this action.
`
`23.
`
`The allegations in Paragraph 23 reflect legal conclusions, for which no responseis
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`required. To the extent a response is required, Uber and Postmates do not contest venue in this
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`action.
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`24.—_The allegations in Paragraph 24 reflect legal conclusions, for which no responseis
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`required. To the extent a response is required, Uber and Postmates do not contest personal
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`jurisdiction in this action.
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`IV.
`
`ANSWER TO FACTUAL ALLEGATIONS
`
`25.
`
`Uber and Postmates denythe allegations in Paragraph 25.
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`26.|Uber and Postmates lack knowledge or information sufficient to form a belief as to
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`the truth of the allegations in Paragraph 26 and denythe allegations on thatbasis.
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`27.
`
`Uber and Postmates state that the Uber Eats and Postmates applications allow
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`consumers to search for local restaurants and order food for takeout or delivery from those
`
`restaurants. Uber and Postmates deny the remaining allegations in Paragraph 27.
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`28.|Uber and Postmatesstate that the Uber Eats and Postmates applications each allow
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`consumers to view and purchase items from multiple restaurants. Uber and Postmates deny the
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`remaining allegations in Paragraph 28.
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`

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`Case 1:20-cv-03000-LAK Document 59 Filed 04/29/22 Page 8 of 41
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`29.
`
`The allegations in Paragraph 29 reflect legal conclusions, for which no response is
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`required. To the extent an answer is required, Uber and Postmates deny the allegations in
`
`Paragraph 29.
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`
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`30._—‘The allegations in Paragraph 30 reflect legal conclusions, for which no responseis
`
`required. To the extent an answer is required, Uber and Postmates deny the allegations in
`
`Paragraph 30.
`
`31.
`
`The allegations in Paragraph 31 reflect legal conclusions, for which no response is
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`required. To the extent an answer is required, Uber and Postmates deny the allegations in
`
`Paragraph 31.
`
`32.
`
`The allegations in Paragraph 32 reflect legal conclusions, for which no response is
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`required. To the extent an answer is required, Uber and Postmates deny the allegations in
`
`Paragraph 32.
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`33.
`
`The allegations in Paragraph 33 reflect legal conclusions, for which no responseis
`
`required. To the extent an answer is required, Uber and Postmates deny the allegations in
`
`Paragraph 33. Uber and Postmates refer to the article published by Vox for a complete and
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`accurate statement of its contents. Uber and Postmates deny the remaining allegations in
`
`Paragraph 33.
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`34.
`
`The allegations in Paragraph 34 reflect legal conclusions, for which no responseis
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`required. To the extent an answer is required, Uber and Postmates deny the allegations in
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`Paragraph 34. Uber and Postmates refer to the articles published by Vox and The Atlantic for a
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`

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`Case 1:20-cv-03000-LAK Document 59 Filed 04/29/22 Page 9 of 41
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`complete and accurate statement of their contents. Uber and Postmates deny the remaining
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`allegations in Paragraph 34.
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`35.
`
`The allegations in Paragraph 35 reflect legal conclusions, for which no responseis
`
`required. To the extent an answer is required, Uber and Postmates deny the allegations in
`
`Paragraph 35.
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`36.
`
`The allegations in Paragraph 36 reflect legal conclusions, for which no responseis
`
`required. To the extent an answer is required, Uber and Postmates deny the allegations in
`
`Paragraph 36.
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`37.|Uber and Postmates refer to the Grubhub 10-K for a complete and accurate
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`statementof its contents. Uber and Postmates lack knowledge or information sufficient to form a
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`belief as to the truth of the allegations in Paragraph 37 and denythe allegations on that basis.
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`38.|Uber states that its 2021 Annual Report stated: “Our Delivery offering allows
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`consumers to search for and discover local restaurants, order a meal, and either pick-up at the
`
`restaurant or have the meal delivered.” Uberstates that its 2019 Annual Report stated: “Our Eats
`
`offering allows consumers to search for and discover local restaurants, order a meal, and either
`
`pick-up at the restaurant or have the meal delivered.” The 2021 Annual Report and the 2019
`
`Annual Report speak for themselves, and Uber refers to those documents for a complete and
`
`accurate statement of their contents.
`
`Postmates lacks knowledge or information sufficient to form a belief as to the truth of the
`
`allegations relating to Uber in Paragraph 38 and deniesthe allegations on that basis.
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`39.|Uber and Postmates denythe allegations in Paragraph 39.
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`40.|Uberand Postmates lack knowledge or information sufficient to form a belief as to
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`the truth of the allegations relating to Grubhub and so-called “other Restaurant Platforms” in
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`

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`Case 1:20-cv-03000-LAK Document 59 Filed 04/29/22 Page 10 of 41
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`Paragraph 40 and denythe allegations on that basis. Uber and Postmates state that the Uber Eats
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`and Postmates applications connect restaurants and consumers on the Uber Eats and Postmates
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`applications. Uber and Postmates further state that Portier, LLC earns revenue from operating the
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`Uber Eats and Postmates applications.
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`41.|Uber and Postmates denythe allegations in Paragraph 41.
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`42.
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`Uber and Postmates denythe allegations in Paragraph 42.
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`43.|Uber and Postmatesdenythe allegations in Paragraph 43.
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`44.
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`Uber and Postmates state that users of the Uber Eats and Postmates applications
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`may be charged a delivery fee. Uber and Postmates deny the remaining allegations in
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`Paragraph 44.
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`45.
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`46.
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`Uber and Postmatesdenythe allegations in Paragraph 45.
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`‘The allegations in Paragraph 46 reflect legal conclusions, for which no responseis
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`required. To the extent an answer is required, Uber and Postmates deny the allegations in
`
`Paragraph 46.
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`47.
`
`The allegations in Paragraph 47 reflect legal conclusions, for which no responseis
`
`required. To the extent an answer is required, Uber and Postmates deny the allegations in
`
`Paragraph 47.
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`48.
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`Uber and Postmates state that Uber’s delivery offerings, including the Uber Eats
`
`and Postmates applications, allow consumers to search for and discover local restaurants, order a
`
`meal, and either pick-up at the restaurant or have the meal delivered. Uber and Postmates further
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`state that consumers may provide ratings for merchants on the Uber Eats and Postmates
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`applications. Uber and Postmates deny the remaining allegations in Paragraph 48.
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`10
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`Case 1:20-cv-03000-LAK Document 59 Filed 04/29/22 Page 11 of 41
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`49.
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`Uber and Postmates lack knowledge or information sufficient to form a belief as to
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`the truth of the allegations in Paragraph 49 and denythe allegations on thatbasis.
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`50.|Uber and Postmates state that consumers mayplace orders through the Uber Eats
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`or Postmates mobile applications or the Uber Eats or Postmates website and users may save
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`payment information for future orders to their accounts. Uber and Postmates deny the remaining
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`allegations in Paragraph 50.
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`51.
`
`The allegations in Paragraph 51 reflect legal conclusions, for which no responseis
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`required. To the extent an answer is required, Uber and Postmates deny the allegations in
`
`Paragraph 51.
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`52.
`
`53.
`
`Uber and Postmates denythe allegations in Paragraph 52.
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`The allegations in Paragraph 53 reflect legal conclusions, for which no responseis
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`required. To the extent an answer is required, Uber and Postmates deny the allegations in
`
`Paragraph 53.
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`54.
`
`The allegations in Paragraph 54 reflect legal conclusions, for which no responseis
`
`required. To the extent an answer is required, Uber and Postmates deny the allegations in
`
`Paragraph 54.
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`55.
`
`The allegations in Paragraph 55 reflect legal conclusions, for which no responseis
`
`required. To the extent an answer is required, Uber and Postmates deny the allegations in
`
`Paragraph 55.
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`56.|Uber and Postmates denythe allegations in Paragraph 56.
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`57.
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`Uberand Postmatesstate that certain, but not all, contracts between Postmates and
`
`merchants provide that “Merchant will keep Postmates apprised of available products and pricing,
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`11
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`which shall be consistent with Merchant’s in-store pricing.” Uber and Postmates deny the
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`remaining allegations in Paragraph 57.
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`58.|Uber and Postmates deny the allegations in Paragraph 58.
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`59.|Uber deniesthe allegations in Paragraph 59 relating to Uber. Uber lacks knowledge
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`or information sufficient to form a belief as to the truth of the allegations relating to Grubhub in
`
`Paragraph 59 and denies the allegations on that basis. Uber denies the remaining allegations in
`
`Paragraph 59.
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`Postmates lacks knowledge or information sufficient to form a belief as to the truth of the
`
`allegations relating to Uber and Grubhub in Paragraph 59 and deniesthe allegations on that basis.
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`Postmates denies the remaining allegations in Paragraph 59.
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`60.|Uber and Postmates lack knowledgeor information sufficient to form a belief as to
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`the truth of the allegations in Paragraph 60 and denythe allegations on thatbasis.
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`61.
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`Uberstates that certain, but not all, contracts between Portier, LLC and merchants
`
`contained a provision that stated: “Merchant may not make any Item available to Customers
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`through the Eats App at a price that is higher than the price that Merchant charges in-store for
`
`similar Items. Merchant agrees that you will not make an Item available under this Agreementat
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`a price higher than the amount Merchant is charging for similar Items through any comparable
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`platform for food delivery services.” These documents speak for themselves, and Uberrefers to
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`those contracts for a complete and accurate statement of their contents. Uber denies the remaining
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`allegations in Paragraph 61.
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`Postmates lacks knowledge or information sufficient to form a belief as to the truth of the
`
`allegations in Paragraph 61 and deniesthe allegations on thatbasis.
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`12
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`62.|Uber and Postmates lack knowledge or information sufficient to form a belief as to
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`the truth of the allegations relating to Doordash and Grubhub in Paragraph 62 and deny the
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`allegations on that basis. Uber and Postmates deny the remainingallegations in Paragraph 62.
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`63.|Uber and Postmates lack knowledge or information sufficient to form a belief as to
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`the truth of the allegations in Paragraph 63 and denythe allegations on that basis. Uber and
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`Postmates refer to the Bloomberg article for a complete and accurate statementofits contents.
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`64.=‘The allegations in Paragraph 64 reflect legal conclusions, for which no responseis
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`required. To the extent an answer is required, Uber and Postmates deny the allegations in
`
`Paragraph 64.
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`65.
`
`The allegations in the first and third sentences of Paragraph 65 reflect legal
`
`conclusions, for which no response is required. To the extent an answer is required, Uber and
`
`Postmates deny the allegations. Uber and Postmates deny the remaining allegations in Paragraph
`
`65.
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`66.
`
`‘The allegations in the first sentence of Paragraph 66 reflect legal conclusions, for
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`which no response is required. To the extent an answeris required, Uber and Postmates deny the
`
`allegations. Uber and Postmates deny the remaining allegations in Paragraph 66.
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`67.
`
`The allegations in the first sentence of Paragraph 67 reflect legal conclusions, for
`
`which no response is required. To the extent an answeris required, Uber and Postmates deny the
`
`allegations. Uber and Postmates deny the remaining allegations in Paragraph 67.
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`68.
`
`The allegations in Paragraph 68 reflect legal conclusions, for which no responseis
`
`required. To the extent an answer is required, Uber and Postmates deny the allegations in
`
`Paragraph 68.
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`13
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`69.|Uber and Postmates lack knowledgeor information sufficient to form a belief as to
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`the truth of the allegations in Paragraph 69 and denythe allegations on that basis. Uber and
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`Postmates refer to the referenced New York Timesarticle for a complete and accurate statement of
`
`its contents. Uber and Postmates deny the remaining allegations in Paragraph 69.
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`70.
`
`The allegations in the first sentence of Paragraph 70 reflect legal conclusions, for
`
`which noresponse is required. To the extent an answer is required, Uber and Postmates deny the
`
`allegations. Uber and Postmates lack knowledge or information sufficient to form a belief as to
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`the truth of the remainder of the allegations relating to Grubhub and Doordash in Paragraph 70
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`and deny the allegations on that basis. Uber and Postmates deny the remaining allegations in
`
`Paragraph 70.
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`71.
`
`The allegations in Paragraph 71 reflect legal conclusions, for which no responseis
`
`required. To the extent an answer is required, Uber and Postmates deny the allegations in
`
`Paragraph 71.
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`72.
`
`Uber deniesthe allegations in the first sentence of Paragraph 72. Uberstates that
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`from approximately 2017 to 2019, Portier, LLC and McDonald’s USA, LLC entered into
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`agreements, which contained exclusivity provisions. Uber lacks knowledge or information
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`sufficient to form a belief as to the truth of the allegations relating to Grubhub and Doordash in
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`the second sentence of Paragraph 72 and deny the allegations on that basis.
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`Postmates denies the allegations in the first sentence of Paragraph 72. Postmates lacks
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`knowledge or information sufficient to form a beliefas to the truth of the allegations in the second
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`sentence of Paragraph 72 and deniesthe allegations on that basis.
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`73.
`
`Uber and Postmates deny the allegations in Paragraph 73.
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`14
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`74.—The allegations in Paragraph 74 reflect legal conclusions, for which no responseis
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`required. To the extent an answer is required, Uber and Postmates deny the allegations in
`
`Paragraph 74.
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`75.
`
`Uber and Postmates lack knowledge or information sufficient to form a belief as to
`
`the truth of the allegations in Paragraph 75 and deny the allegations on that basis. Uberrefers to
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`the referenced Upserve data for a complete and accurate statementof its contents.
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`76.
`
`The allegations in Paragraph 76 reflect legal conclusions, for which no response
`
`is required. To the extent an answer is required, Uber and Postmates deny the allegations in
`
`Paragraph 76.
`
`77.
`
`Uber and Postmates denythe allegationsin the first sentence of Paragraph 77. Uber
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`and Postmates refer to the referenced Cowen analysis and Morgan Stanley research for a complete
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`and accurate statement of their contents. Uber and Postmates lack knowledge or information
`
`sufficient to form a belief as to the truth of the remaining allegations in Paragraph 77 and deny the
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`allegations on that basis.
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`78.
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`Uber and Postmates lack knowledge or information sufficient to form a belief as
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`to the truth of the allegations in Paragraph 78 and denythe allegations on that basis. Uber and
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`Postmates refer to the referenced Forbes article for a complete and accurate statement of its
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`contents. Uber and Postmates deny the remaining allegations in Paragraph 78.
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`79.
`
`Uber and Postmates lack knowledgeor information sufficient to form a belief as to
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`the truth of the allegations in Paragraph 79 and denythe allegations on that basis. Uber and
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`Postmates refer to the referenced New York Times, Buzzfeed News, and Food & Winearticles for
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`a complete and accurate statement of their contents. Uber and Postmates deny the remaining
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`allegations in Paragraph 79.
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`Case 1:20-cv-03000-LAK Document 59 Filed 04/29/22 Page 16 of 41
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`80.|Uber and Postmates lack knowledge or information sufficient to form a belief as to
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`the truth of the allegations in Paragraph 80 and denythe allegations on that basis. Uber and
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`Postmates refer to the referenced survey from Restaurant Owner for a complete and accurate
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`statementof its contents. Uber and Postmates deny the remaining allegations in Paragraph 80.
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`81.|Uber and Postmates lack knowledge or information sufficient to form a belief as to
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`the truth of the allegations in Paragraph 81 and denythe allegations on that basis. Uber and
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`Postmates refer to the referenced survey from Restaurant Owner for a complete and accurate
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`statementof its contents. Uber and Postmates deny the remaining allegations in Paragraph 81.
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`82.|Uber and Postmates lack knowledge or information sufficient to form a belief as to
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`the truth of the allegations relating to Grubhub in Paragraph 82 and deny the allegations on that
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`basis. Uber and Postmates deny the remainingallegations in Paragraph 82.
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`83.|Uber and Postmates lack knowledge or information sufficient to form a beliefas to
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`the truth of the allegations relating to Grubhub in Paragraph 83 and deny the allegations on that
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`basis. Uber and Postmates deny the remaining allegations in Paragraph 83.
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`84.|Uber and Postmates lack knowledge or information sufficient to form a beliefas to
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`the truth of the allegations relating to Grubhub in Paragraph 84 and deny the allegations on that
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`basis. Uber and Postmates deny the remaining allegations in Paragraph 84.
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`85.|Uber and Postmates deny the allegations in Paragraph 85.
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`86.
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`Uber states that in 2020, Uber Eats had at least 15 million active users and
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`Postmates had at least 10 million active users. Uber lacks knowledge or information sufficient to
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`form a belief as to the truth of the allegations relating to Grubhubin thefirst, second, and third
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`sentences of Paragraph 86 and denies the allegations on that basis. Uber denies the remaining
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`allegations in Paragraph 86.
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`Case 1:20-cv-03000-LAK Document 59 Filed 04/29/22 Page 17 of 41
`Case 1:20-cv-03000-LAK Document 59 Filed 04/29/22 Page 17 of 41
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`Postmatesstates that in 2020, Postmates had at least 10 million active users. Postmates
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`lacks knowledge or information sufficient to form a belief asto the truth of the allegations relating
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`to Uberin the first and fourth sentences and Grubhubinthe first, second, and third sentences of
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`Paragraph 86 and deniesthe allegations on that basis. Postmates denies the remainingallegations
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`in Paragraph 86.
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`87.|Uberand Postmates denythe allegationsin the first sentence of Paragraph 87. Uber
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`and Postmates lack knowledge or information sufficient to form a belief as to the truth of the
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`allegations in the third sentence of Paragraph 87 and denythe allegations on that basis. Uber and
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`Postmatesrefer to the study from McKinseyand the Yale Law Journal, Wired, and Vanderbilt Law
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`Reviewarticles for a complete and accurate statement of their contents. Uber and Postmates deny
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`the remaining allegations in Paragraph 87.
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`88.|Uber and Postmates admit that Uber acquired Postmates on December1, 2020.
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`Uber and Postmates lack knowledge or information sufficient to form a belief as to the truth of the
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`allegations in the second sentence of Paragraph 88 and denythe allegations on that basis. Uber
`
`and Postmates deny the remainingallegations in Paragraph 88.
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`89.|Uber and Postmates lack knowledge or information sufficient to form a belief as to
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`the truth of the allegations in Paragraph 89 and denythe allegations on that basis. Uber and
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`Postmates refer to the survey from the New York City Hospitality Alliance and The New Yorker
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`article for a complete and accurate statement of their contents. Uber and Postmates deny the
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`remaining allegations in Paragraph 89.
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`90.
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`The allegations in Paragraph 90 reflect legal conclusions, for which no responseis
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`required. To the extent an answer is required, Uber and Postmates deny the allegations in
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`Paragraph 90. Uber and Postmates refer to the referenced survey from Restaurant Owner for a
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`complete and accurate statement of its contents. Uber and Postmates deny the remaining
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`allegations in Paragraph 90.
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`91.|Uber and Postmates refer to the material from Thanx and CNN andthe Wall Street
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`Journalarticle for a complete and accurate statement of their contents. Uber and Postmates deny
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`the remaining allegations in Paragraph 91.
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`92.
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`Uber and Postmates denythe allegationsin the first sentence of Paragraph 92. The
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`allegations in the second sentence of Paragraph 92 reflect legal conclusions, for which no response
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`is required. To the extent an answeris required, Uber and Postmates deny the allegations. Uber
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`and Postmatesrefer to the research from Morgan Stanley, material from the NPD Group, and data
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`from TDN2K Black Box Research for complete and accurate statements of their contents. Uber
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`and Postmates deny the remaining allegations in Paragraph 92.
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`93. Uber and Postmatesrefer to the New York Timesarticle for a complete and accurate
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`statementof its contents. Uber and Postmates lack knowledge or information sufficient to form a
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`belief as to the truth of the allegations in the last sentence of Paragraph 93 and denythe allegations
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`on that basis. Uber and Postmates deny the remaining allegations in Paragraph 93.
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`94.=‘The allegations in Paragraph 94 reflect legal conclusions, for which no responseis
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`required. To the extent an answer is required, Uber and Postmates deny the allegations in
`
`Paragraph 94.
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`95.
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`Theallegations in the first sentence of Paragraph 95 reflect legal conclusions, for
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`which noresponse is required. To the extent an answer is required, Uber and Postmates deny the
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`allegations. Uber and Postmates refer to Grubhub’s 10-K for a complete and accurate statement
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`of its contents. Uber and Postmates deny the remaining allegations in Paragraph 95.
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`96.
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`Uber and Postmates deny the allegations in Paragraph 96.
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`97.
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`98.
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`Uber and Postmates deny the allegations in Paragraph 97.
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`The allegations in Paragraph 98 reflect legal conclusions, for which no responseis
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`required. To the extent an answer is required, Uber and Postmates deny the allegations in
`
`Paragraph 98.
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`99.
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`The allegations in Paragraph 99 reflect legal conclusions, for which no responseis
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`required. To the extent