Merger Control – Thailand 2020.

LEGISLATION AND JURISDICTION

 

Relevant legislation and regulators

 

1 What is the relevant legislation and who enforces it?

 

Merger control in Thailand is primarily governed by the Trade Competition Act BE 2560 (2017) (TCA) and the relevant subordinate legislation is overseen by the Trade and Competition Commission (TCC). Section 51 of the TCA divides regulated mergers into two categories: those that require prior approval (pre-merger filing) and those that require subsequent notification (post-merger notification). With effect from 29 December 2018, the submission of a pre-merger filing will be required if the merger may result in the creation of either a ‘monopoly’, or ‘a business operator with dominant market power’. On the other hand, a post-merger notification will be required if the merger may result in the ‘substantial lessening of competition in a market’.

 

The TCC is supported administratively by the Office of the Trade and Competition Commission (OTCC), whose powers and duties include undertaking administrative works of the TCC and sub-commissions, monitoring violations of the TCA, receiving complaints in respect of alleged violations of the TCA and making recommendations to the TCC, as the enforcement agency. In case of disputes over alleged violations of offences under the TCA, civil claims for damages, or appeals of adminis- trative orders issued in connection thereof, the Intellectual Property and International Trade Court or the Administrative Court has jurisdiction.