THAILAND Trends and Developments Contributed by: Tokuhiro Matsunaga and Siriwan Nopareporn, SCL Nishimura & Asahi Limited
Digital Market In 2026, the TCCT recognised the growing impor - tance of the digital market. This acknowledgement addresses global trends and the significant impact of digital platforms on competition in Thailand. By study - ing how to regulate e-commerce and digital platforms, the TCCT seeks to tackle challenges posed by multi- sided platforms, where market power can concen - trate quickly, highlighting the limitations of traditional regulatory methods. On 24 March 2026, the TCCT issued the Guidelines for the Assessment of Unfair Trade Practices and Conduct, in an effort to enhance clarity and oversight in this area. The announcement has been in effect since 25 May 2026. The focus on multi-sided platform businesses, particularly those involved in the purchase and sale of goods or services, addresses concerns related to potential monopolistic behaviour, reduced competi - tion, and barriers to market entry. The public con - sultation phase reflects an intent to engage a wide range of stakeholders, which is important for under - standing the complexities of digital commerce and ensuring that regulatory measures are effective and proportionate. In examining and proposing regulations for digi - tal markets, the TCCT’s actionsindicate a proactive approach. However, several key questions remain unanswered, particularly with regard to appropriate consideration of the market definition of business operator within this market context. Market partici - pants are advised to monitor developments, engage in consultations, and prepare for various potential regulatory scenarios. Effective engagement with the TCCT and thorough compliance planning are impor - tant for navigating the evolving legal and competitive landscape in Thailand’s digital sector.
Conclusion In 2026, Thailand’s merger control framework is undergoing substantial reform, with significant impli - cations for market dynamics and legal compliance. The increasing complexity and activity within the mar - ket, coupled with anticipated legal modernisation, requires acquirers and their legal counsel to engage with regulatory authorities on a proactive basis and to apply rigorous analysis to relevant business prac - tices. Should the Draft Amendment be enacted, the resulting legal landscape is likely to feature more robust regulatory oversight, enhanced transparency and stronger deterrents to anti-competitive conduct. These developments may have a material effect on the timing of regulatory approvals and the strategic structuring, negotiation and post-merger integration in M&A transactions.
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