Amendments to TCCT Notifications: Modernizing Thailand’s Market Dominance and Merger Control Frameworks

on
modern bangkok urban architecture with people

Amendments to TCCT Notifications: Modernizing Thailand’s Market Dominance and Merger Control Frameworks

Driven by the rapid transformation of modern trade alongside increasingly complex business operations, concerns regarding unfair market practices and anti-competitive conduct in Thailand have escalated substantially. To address these concerns, the Trade Competition Commission of Thailand (“TCCT”) has drafted three notifications to modernize market oversight and ensure clear, robust legal standards. These Drafts update market dominance criteria and refine merger control concepts by establishing clearer monetary thresholds, including explicit rules on affiliate sales aggregation.

Accordingly, the TCCT has released the following draft notifications (“Drafts”):

1.     Draft Notification on Rules for Determining Business Operators with Market Dominance (“Draft Market Dominance Notification”)

2.     Draft Notification on Rules, Procedures, and Conditions for Seeking Permission and Granting Approval for Business Combinations (No. ..) B.E. …. (“Draft Merger Approval Notification”)

3.     Draft Notification on Rules, Procedures, and Conditions for Reporting the Results of Business Combinations (No. ..) B.E. …. (“Draft Merger Reporting Notification”)

These Drafts, presently open for public feedback between September 22 and October 21, 2026, represent a significant update to Thailand’s trade competition and merger control framework. By revising market dominance criteria, refining the definition of a monopoly, and updating thresholds for mergers that may significantly reduce competition, these changes aim to eliminate regulatory ambiguity, close corporate loopholes regarding sales aggregation across affiliated entities, adapt to modern business models, and foster fair market competition.

Key Objectives

1. Draft Market Dominance Notification

·        Repeal of the Previous Notification

This Draft explicitly repeals the Notification of the TCCT regarding Criteria for Determining Business Operators with Market Dominance, dated November 10, B.E. 2568 (2025).

·        Revised Quantitative Thresholds for Market Dominance

The Draft mandates that a business operator shall be regarded as holding market dominance if it meets either of the following quantitative conditions:

o   Single Entity: A single operator in any product or service market that commanded a market share of 33% or higher and generated sales revenue of 500 million THB or more in the preceding year.

o   Two Entities Combined: Any two operators in a given market that held a combined market share of 75% or higher in the preceding year. However, this rule exempts any operator within the pair whose individual annual sales were below 500 million THB or whose market share was less than 10%.

·        Aggregation of Market Share for Corporate Affiliates

The proposed provision directs the authority to aggregate the market shares and sales revenues of business entities sharing policy-level management or controlling power, explicitly declaring all affiliated entities within such a group as dominant operators.

·        Qualitative Assessment Criteria for Dynamic and Digital Platform Markets

The proposed amendments exempt dynamic markets—such as rapidly evolving industries, short-term supply/demand fluctuating markets, and digital platforms—from the quantitative thresholds outlined above. Instead, regulators are instructed to determine dominance using qualitative metrics, including barriers to market entry, buyer power, and relevant regulatory frameworks.

2. Draft Merger Approval Notification

·             Redefining “Monopoly”

The TCCT has revised the definition of “Monopoly” under the Notification of the TCCT on Rules, Procedures, and Conditions for Seeking Permission and Granting Approval for Business Combinations B.E. 2561 (2018). The new provision combines an annual sales threshold of 500 million THB or more with the existing qualitative criteria of single-operator price and output control.

3. Draft Merger Reporting Notification

·          Redefining “Mergers that May Significantly Reduce Competition”

The Draft Notification updates the definition of mergers that significantly reduce competition under the Notification of the TCCT on Rules, Procedures, and Conditions for Reporting the Results of Business Combinations B.E. 2561 (2018). The revised rule establishes a combined annual sales threshold of 500 million THB or more for transactions that do not create a monopoly or dominance. Furthermore, it explicitly directs the authority to aggregate sales revenues from all policy-linked or common-control affiliates.

Implementation and Public Participation

These proposed amendments mark an important milestone for competition regulation in Thailand. It is crucial that all stakeholders—including businesses, industry associations, and consumer advocates—thoroughly examine the text and submit insightful feedback while the consultation window remains open. Direct involvement from all sectors will play a pivotal role in shaping a balanced regulatory environment that aligns rigorous oversight with commercial realities.

Conclusion

The proposed amendments to the TCCT notifications mark a pivotal shift toward a more transparent, predictable, and modern trade competition framework in Thailand. By establishing clear monetary thresholds of 500 million THB, mandating sales aggregation across corporate affiliates, and introducing qualitative evaluations for dynamic digital markets, these Drafts effectively close long-standing regulatory loopholes. Ultimately, this comprehensive reform balances rigorous antitrust oversight with practical commercial realities, fostering a fair competitive landscape while strengthening long-term consumer welfare.

Author: Panisa Suwanmatajarn, Managing Partner.

Other Articles

Posted in

Tagged as