THANATHIP & PARTNERS

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Trade Competition Act B.E. 2560 (2017)
October 2017
By Nat Boonjunwetvat
 
The newly enacted Trade Competition Act (B.E. 2560) (2017) (the “TCA”) was published in the royal gazette on 7 July 2017 and came into effect on 5 October 2017. Amongst other notable changes, the TCA extends the authority of the Office of Trade Competition Commission (the “OTCC”) as an independent authority to regulate and promote competition and fair trade and introduces new merger control regime as follows:
  1. Pre-Merger Approval - any merger which would result in a ‘monopoly’ or ‘market dominance’ requires a prior approval from the OTCC; and
  2. Post-Merger Notification - any merger which would result in a ‘substantial reduction of market competition’ shall be notified to the OTCC within seven days from the date of the merger.
In this connection, relevant ministerial regulations and other subordinated rules prescribing criteria for activities to be considered a market dominance or substantial reduction of market competition remain to be further announced.
 

This document is solely intended to provide an update on recent development in Thailand legislation and is not purported to provide a legal opinion, nor a legal advice to any person.

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