THAILAND Law and Practice Contributed by: Pranat Laohapairoj and Supakan Nimmanterdwong, Chandler Mori Hamada Limited
8. Appeals and Judicial Review 8.1 Access to Appeal and Judicial Review The parties can technically resubmit the case if they can change the facts of the case or rem - edies, to simply ask for the TCCT’s reconsidera - tion. The parties can also appeal to the Adminis - trative Court if they have a solid ground to argue so within 60 days after the date of decision. 8.2 Typical Timeline for Appeals There has not been any case of appeal within the merger control realm based on publicly available information and the knowledge of the authors. The parties must appeal within 60 days after the date of decision. 8.3 Ability of Third Parties to Appeal Clearance Decisions In theory, third parties can appeal to the Admin - istrative Court if they have solid grounds that the decision was made in error. None of these attempts have been successful.
covered by the decision and the parties can be at fault if the authority later learns of such part of the undisclosed arrangements, and such part somehow breaches the law on its own. 7. Third-Party Rights, Confidentiality and Cross-Border Co-Operation 7.1 Third-Party Rights Any party can submit their opinion if they know about the pending case, and the TCCT may sometimes invite other parties to submit their opinion as well. However, these parties do not have any other right to stop the process of the TCCT, unless they find a valid cause of action to be filed with the Administrative Court. 7.2 Contacting Third Parties The authority can contact third parties and has historically done so. Normally this is done via a written notice or questionnaire. There is no prec - edent that the authority has market-tested any remedies offered by the parties. 7.3 Confidentiality Normally all details are kept strictly confidential. Only parts of the filing that do not contain com - mercially sensitive information may be published as a precedent. 7.4 Co-Operation With Other Jurisdictions There is no clear evidence that the authority has historically shared details of specific transac - tions with other jurisdictions, but this has been indicated by the authority as one of its powers and intended courses of action. The authority, if wishing to do so, does not need the permission of the filing parties.
9. Foreign Direct Investment/ Subsidies Review
9.1 Legislation and Filing Requirements There are different licensing requirements based on foreign ownership thresholds for different industries, but these do not concern antitrust or trade competition aspects of the operation or acquisition. Separate licensing may be required in any case.
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