DoorDash and Uber Eats stickers in a New York City cafe window.
DoorDash asked the California Superior Court to dismiss a lawsuit Uber filed in February.Beata Zawrzel/NurPhoto/Getty Images
  • DoorDash asked the California Superior Court to dismiss Uber’s lawsuit on Friday.

  • In February, Uber accused DoorDash of inflating costs and other anti-competitive business practices.

  • “Instead of competing through innovation, Uber has resorted to litigation,” DoorDash says.

DoorDash wants Uber’s anti-competition lawsuit tossed by the California Superior Court, saying the litigation is a “cynical and calculated scare tactic.”

DoorDash filed the motion alongside a press release on Friday.

“It’s disappointing behavior from a company once known for competing on the merits of its products and innovation,” DoorDash, which tops the online food delivery market in the United States, wrote in the release.

Uber filed a complaint against DoorDash in February, accusing the company of anti-competitive business practices that inflated prices for restaurants and customers. The complaint said DoorDash “devised and is engaged in an unlawful scheme to stifle competition with Uber Eats, its closest rival.”

Uber accused DoorDash in the complaint of leveraging restaurants’ dependence on its app to secure near-exclusive or exclusive use.

“Restaurants simply cannot afford to stand up to DoorDash, and find themselves powerless to choose the service or services that are best for their businesses in the market for first-party delivery,” Uber’s complaint said.

Doordash
DoorDash denied the accusations made in Uber’s lawsuit in a motion on Friday.Emily Dulla/Getty Images for DoorDash

Earnest Analytics reported in February that DoorDash dominated the food delivery market with a 60.7% share. Uber Eats followed at 26.1% and Grubhub at 6.3%.

DoorDash denied Uber’s accusations in the motion on Friday.

Among its arguments, DoorDash said Uber is trying to “shoehorn its competition claims” by using a statute that typically applies to “disputes regarding employee non-compete provisions.”

“Uber’s lawsuit should be seen for what it is: sour grapes from a competitor that has been told by merchants, time and again, that they prefer working with DoorDash,” the company’s motion said. That’s not the basis for a lawsuit — it’s just fair competition. The Court should sustain DoorDash’s demurrer.”

Uber told Business Insider in a statement that it won’t back down.

“It seems like the team at DoorDash is having a hard time understanding the content of our complaint. When restaurants are forced to choose between unfair terms or retaliation, that’s not competition — it’s coercion. Uber will continue to stand up for merchants and for a level playing field. We look forward to presenting the facts in court,” an Uber spokesperson said.