Newsletter
AMUSEMENT PARK BAN ON OUTSIDE FOOD VIOLATES FTL
A number of large amusement parks and cinemas have rules prohibiting consumers from bringing food onto their premises from outside. The Fair Trade Commission (FTC) recently ruled in a case in which a complaint was filed by a con-sumer against such a ban imposed by a large amusement park. The FTC found that the ban had the effect of forcing consumers to purchase food and beverages within the park. This was clearly an unfair act sufficient to affect the or-derly conduct of trade, and as such was in breach of Article 24 of the Fair Trade Law (FTL). The FTC specially noted that consumers do not enter amusement parks for the purpose of consuming food and beverages, and therefore prohibiting consumers from bringing food into the park would have the effect of preventing competition between food sold outside the park and food sold within it. Although consumers were free to leave the park to eat outside, in view of the park's large area, and the fact that consumers stayed there for at least 5 hours on average, it was inevitable that once consumers had entered the park, they would seek to eat inside it if possible. It remains to be seen whether the FTC's ruling that a ban on bringing food into a large amusement park vio-lates the FTL will also apply to similar bans imposed by cinemas and smaller amusement parks.