Thailand: Adopted Trade Competition Commission guidelines for assessment of unfair trade practices between food delivery digital platforms and restaurants

On 22 October 2020, the Trade Competition Commission (TCC) adopted guidelines for the assessment of unfair trade practices between food delivery digital platforms and restaurants under section 57 of the Trade Competition Act B.E. 2560. In particular, the guidelines aim to protect restaurants from unfair actions that harm their business operations. The guidelines define key terms such as digital platform and food delivery digital platform and state that trade practices between food delivery platforms and restaurants must be free, fair, non-compulsory, non-discriminatory, and based on written agreements. Unfair practices include unjust fee collection, restrictive trade terms, and misuse of market power. In addition, examples of unfair practices include discriminatory commission fees, mandatory exclusivity, and interference in pricing. The guidelines will be effective 30 days from publication in the Government Gazette.