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

On 23 December 2020, the Trade Competition Commission’s (TCC) 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 entered into force. 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.