Legal Updates for February 2021

Guideline on Unfair Trade Practices of Online Food Delivery Platforms

The COVID-19 pandemic in Thailand has seen escalating consumer demand for the use of food delivery digital platforms ("Online Food Delivery Platforms"), as well as an increase in complaints by restaurant operators regarding the unfair trade practices adopted by certain Online Food Delivery Platforms.

The Trade Competition Commission has issued the Notification of the Trade Competition Commission regarding the Guideline of Considering Unfair Trade Practices between Online Food Delivery Service Providers and Restaurant Operators ("Notification"). The Notification, which took effect on 23 December 2020, provides a guideline of the practices which may be considered as causing damage to restaurant operators in breach of Section 57 of the Trade Competition Act B.E. 2550 (2017), referred to as the "unfair trade practices" provision. This Update highlights the key elements of the Notification.