NEW GUIDELINE ON ONLINE FOOD DELIVERY SERVICES (Thailand)

Author: Ponpun Krataykhwan, Chattong Sunthorn-opas (Co-author)

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Publisher: Nagashima Ohno & Tsunematsu

Journal / Book: NO&T Asia Legal Review No.30 (December, 2020)

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*Please note that this newsletter is for informational purposes only and does not constitute legal advice. In addition, it is based on information as of its date of publication and does not reflect information after such date. In particular, please also note that preliminary reports in this newsletter may differ from current interpretations and practice depending on the nature of the report.

Background
In recent years, the online food delivery service business in Thailand has grown rapidly. Nowadays, it is a new normal to see many riders on the street of Bangkok and major cities of Thailand wearing a variety of jacket colors for the delivery of food orders from restaurants to customers. Due to high consumer demand of food delivery, many restaurants including the street vendors have struggled to be partners with the online food delivery service providers which currently have only a few players in the market and may result in setting unfair conditions by those powerful online food delivery service providers.

Therefore, in our previous article “Draft Guidelines on Online Food Delivery Services” published in NO&T Asia Legal Review No. 27 in September 2020, we provided an update of an attempt of the Trade Competition Commission of Thailand (“TCC”) to regulate the unfair acts by the online food delivery service providers against the restaurants. Now, Thailand has finally published the guideline in the Government Royal Gazette on 23 November 2020, namely the Notification of TCC Re: Guidelines on Unfair Trade Practices between Online Food Delivery Service Providers and the Restaurant Business Operators (the “Guideline”). This Guideline will come into force on 23 December 2020.

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