Thai Competition Law – One year on
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The preparation, advocacy and enforcement of the Thai Trade Competition Act B.E. 2560 (2017) (the Act) has been in full swing in the past year since it came into force on 5 October 2017. The first enforcement case has also been reported (see below). By way of update, we set out below the most notable developments:
28 May 2018:
17 August 2018:
4 September 2018:
5 September 2018:
A public hearing was held to consider six other draft notifications, including three notifications relating to merger control, one relating to dominance and two relating to investigative and enforcement powers of the Commission. The period for the submission of public comments ended on 25 September 2018. Key points to note from the draft merger control rules are as follows:
(c) Whether various types of joint ventures would be captured is still unclear. The OTCC caveated that they could,
depending on impact to relevant market structure. This will need to be clarified.
– an acquisition of shares or other convertible securities [resulting in the purchaser holding] up to 25% or more
of the total voting rights in a listed company;
– an acquisition of more than 50% voting shares in a non-listed company; or
– an asset acquisition of more than 50% of the total operating assets relevant to the normal course of
business of another business operator; and
(B) such acquisition may lead to dominance or monopoly in a relevant market.
(1) Any one business operator in a relevant product market or service market that has at least 50% market share in
the previous year and at least THB1 billion turnover in the previous year; or
(2) The top three business operators in a relevant product market or service market that has at least 75% market
share in aggregate in the previous year and at least THB1bn in the previous year.
previous year or less than THB1bn in the previous year. The market share and turnover is calculated from the
market share of, and turnover generated by, the “Group” in aggregate in the relevant market.
to freely control the price or volume of goods or services in the market and has turnover of THB1bn or more.
has turnover of THB1bn or more in any [relevant] market which does not cause a monopoly or create dominance in
5 October 2018: