THAILAND Law and Practice Contributed by: Pranat Laohapairoj and Supakan Nimmanterdwong, Chandler Mori Hamada Limited
Chandler Mori Hamada Limited 17th and 36th Floors Sathorn Square Office Tower 98 North Sathorn Silom Bangrak 10500
Bangkok Thailand
Tel: +662 009 5163 Fax: +662 009 5080 Email: pranat.l@morihamada.com Web: www.chandler.morihamada.com
1. Legislation and Enforcing Authorities 1.1 Merger Control Legislation
other major jurisdictions, drawing insights from established practices in global competition law. This comparative approach enables the TCCT to align its regulatory standards with international norms, promoting a fair and competitive market environment in Thailand. 1.2 Legislation Relating to Particular Sectors There are a few specific provisions regarding merger control that exist within other industries, such as telecommunications and energy, that technically may be used in place of (but prac - tically alongside with) the merger control pro - visions of the Act. Merger control for all other industries is governed by the Act. In general, other areas of trade competition (mis - conduct, cartels, etc) are also solely governed by the Act. 1.3 Enforcement Authorities While the TCCT is the primary regulator, it may ask other regulators for opinions during any pro - cess.
Merger control in Thailand is primarily governed by Section 51 of the Trade Competition Act, B.E. 2560 (2017) (the “Act”). This provision estab - lishes the framework for assessing filing require - ments for mergers and acquisitions to prevent severely anti-competitive transactions that could harm the market or consumer welfare. The Act is supplemented by various pieces of subordinate legislation, including announcements, guidelines and case precedents issued by the Trade Com - petition Commission of Thailand (TCCT), which serves as the regulatory authority responsible for enforcing the Act’s provisions. In reviewing merger cases, the TCCT conducts a detailed analysis to ensure compliance with the Act, considering factors such as market concentration, potential barriers to entry and the overall impact on competition. To enhance its decision-making process, the TCCT often looks to internationally recognised precedents from
603 CHAMBERS.COM
Powered by FlippingBook