You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

May 17, 2022

Dunlaphaha Journal Features Tilleke & Gibbins Attorneys’ Article on Trade Competition and Digital Platforms

Subscribe to Updates
Dunlaphaha: Journal of the Court of Justice

Kobkit Thienpreecha, partner and director of the firm’s corporate and commercial group, and Nutavit Sirikan, an associate in the same department, authored an article published in the January–April issue of Dunlaphaha, the prestigious Thai-language journal of Thailand’s Court of Justice.

With an English title of “The Challenges of Applying Trade Competition Act, B.E. 2560 (2017) to Digital Platform Businesses,” the article examines the challenges of applying the Trade Competition Act B.E. 2560 (2017) to digital platform businesses.

As the authors explain in the article, digital platforms have a number of characteristics and idiosyncrasies that present unique difficulties when it comes to competition. The authors then go through the various regulatory proposals and academic discussions on potential legal solutions addressing competition issues involving digital platforms. As they point out, however, debates over the best approach to take toward these issues have persisted for decades, even in jurisdictions with mature legal and regulatory antitrust or competition regimes. It is thus fair to question whether the existing provisions of the Trade Competition Act are in fact able to address emerging legal concerns related to the operation of digital platform businesses in Thailand.

By considering examples from other jurisdictions, the authors ultimately conclude that Thailand may need to amend some aspects of the Trade Competition Act and its subordinate legislation, even though the act’s existing provisions are sufficiently flexible in terms of interpretation and application to address some of the concerns relevant to digital platform businesses. Nevertheless, any future amendments or reformulations of criteria under Thailand’s competition law must be based on a thorough and accurate understanding of the market conditions for digital platforms.

The full article (in Thai) can be downloaded through the button below.

 

This article was first published in Dunlaphaha: Journal of the Court of Justice, Issue 1, Year 69: January–April 2022.

RELATED PROFESSIONALS

Practices

Antitrust and Competition

Customs and International Trade

Location

RELATED INSIGHTS​ 

April 7, 2022
Tiziana Sucharitkul, managing partner and director of Tilleke & Gibbins’ dispute resolution group, provided in-depth insights on diversity and inclusion and law firms for a recent article in Asia Business Law Journal (ABLJ) on diversity and inclusion in law firms across Asia. In the article, which was published on March 30, 2022, Tiziana offers insights gained in her years in senior leadership at Tilleke & Gibbins and as a longtime advocate for law firm diversity and inclusion initiatives. The article begins by contrasting the demand for greater diversity among Western law firms—especially by corporate counsel—with attitudes in Asia, where questions of expertise and service often take precedence when it comes to legal work. The writer then quickly shifts to investigating the reasons for this, as well as exploring the current state of diversity in the Asian legal industry today. This section of the article leads with Tiziana’s explanation that leadership of Asian law firms are in a very different context than the social tensions that catalyzed many diversity initiatives in the West. However, this does not necessarily mean that diverse representation has lagged in this part of the world. Rather, as Tiziana points out, “Southeast Asian countries have some of the highest proportions of women in senior business leadership in the world.” She also notes that markers such as gender diversity and respect for minority rights can vary widely across Asia. Elsewhere in the article, other senior law firm leaders express similar observations and provide details on the diversity challenges in their countries of focus. For example, an expert on diversity in the Indian legal profession notes that local diversity concerns must also consider caste discrimination, and a partner at a global firm in Singapore speaks about the challenges of developing diversity policies that fit each local context. Tiziana
Read More
April 1, 2022
At the annual general meeting of the Inter-Pacific Bar Association (IPBA) on March 24, Pimvimol (June) Vipamaneerut, a partner in the firm’s corporate and commercial group in Bangkok, was elected as IPBA’s jurisdictional committee member for Thailand. In the role, Pimvimol will be responsible for membership issues in Thailand, and will be the key point of contact for matters concerning activities in the jurisdiction. She will serve as Thailand’s jurisdictional committee member for three years (2022–2025). The IPBA is a prestigious international association of business and commercial attorneys active or with a strong interest in the Pacific region. The IPBA has a membership of more than 1,500 legal professionals from over 65 countries and jurisdictions. Through its activities, the IPBA provides lawyers interested in the Asia-Pacific with opportunities to discuss legal, business, and policy issues affecting the region and grow in their legal practice through professional networking. For more information on the IPBA and its activities, please visit the IPBA website.
Read More
February 25, 2022
On February 24, Tilleke & Gibbins, in collaboration with the Thai Business Association of Myanmar and the Thai Business Association of the Lao PDR, delivered a Thai-language webinar titled “How to Export Cosmetics to Cambodia, Laos, and Myanmar, and Parallel Importation and Case Studies in Thailand.” The 90-minute session was led by a number of Tilleke & Gibbins’ regulatory affairs (RA) specialists: Atthachai Homhuan, director of the firm’s regulatory affairs (RA) group in Bangkok; Dino Santaniello, head of the Laos office; Ratchanee Sriplaek, RA consultant in Thailand; Saithong Rattana, associate in the Laos office; Thanathon Trakoolpolpruek, RA consultant in Thailand; and Yuwadee Thean-ngarm, director of the firm’s Myanmar office. Together, the speakers addressed the following issues: Compliance with cosmetics laws and regulations in Cambodia, Laos, and Myanmar; Regulatory requirements for product labels and advertisements; Best practices and success stories related to exporting beauty products; Avoiding double importation; and Relevant case studies from Thailand. A recording of the webinar (in Thai) is available on the Tilleke & Gibbins YouTube channel.
Read More
December 9, 2021
On December 8, Tilleke & Gibbins collaborated with True Digital Park to offer a Thai-language webinar on e-commerce laws and regulations in Thailand. In the webinar, Penrurk Phetmani, senior associate, and Nutavit Sirikan, associate, both in the firm’s corporate and commercial group in Bangkok, provided a comprehensive overview of the regulatory framework for launching and sustaining successful e-commerce operations in the country, including in-depth discussions on a number of common legal concerns for SMEs: Relevant licenses and permits and how to secure them; Appropriate procedures to establish and register e-commerce operations in Thailand; Newly announced regulations on credit terms and food pickup/delivery services; Key trends and issues in tech, e-commerce, and e-services; and The impact of competition, consumer protection, and data privacy laws on online business operators. A full video recording of the webinar, which was presented in Thai, is available on the Tilleke & Gibbins’ YouTube channel.
Read More