With the fifth round of negotiations between Thailand and the EU for a free trade agreement (FTA) now complete and the sixth round scheduled for June, both sides appear to be well on the way to meeting the desired Christmas 2025 deadline. The latest discussions were held in Brussels, and Pichai Naripthaphan, Thailand’s commerce minister, announced that the two sides have reached agreement on two chapters: Customs and Trade Facilitation, and Sustainable Food Systems. No details have been released regarding what concessions were made to reach the agreement, but reports suggest that good progress is being made in all remaining chapters. Market access for goods has reportedly become the current focus of negotiations. The first draft of goods and services that will be exempted is expected in early June, which will be welcome news for importers. While the first draft cannot be expected to represent the finalized list, it will at least provide an indication of the goods and services likely to benefit from tariff exemption. Similarly, both sides have begun to share the geographical indications that they wish to be protected, which will be of great interest to producers and manufacturers in Thailand and the EU. This is especially true considering the upcoming amendments to the Geographical Indications Protection Act B.E. 2546 (2003) expected in Thailand, as one of the key changes under the prospective amendment is to enable easier registration for geographical indications protected under international agreements. Other updates from the intellectual property (IP) chapter show good progress in relation to copyright and civil and border enforcement of IP rights. Both sides are also continuing to examine possible bridging proposals for unresolved issues. Given the substantial differences in IP laws between Thailand and the EU, how negotiators will bridge this gap remains at the forefront of most

On May 21, 2025, the Trade Competition Commission of Thailand (TCCT) published a press release signaling heightened regulation of digital platforms in response to the influx of products from foreign countries being sold in Thailand via e-commerce platforms. In recent years, the rapid expansion of cross-border multi-sided e-commerce platforms has unlocked unprecedented growth, but it has also flooded Thailand’s digital marketplaces with low-cost imports sold by unregulated foreign vendors via these platforms, unfairly undercutting local merchants’ market share and exposing consumers to uneven product quality. According to the press release, the TCCT announced progress on drafting new guidelines on unfair trade practices, monopolistic conduct, and competition restraint by multi-sided e-commerce platforms at a recent meeting of the Management Committee for Addressing Issues of Foreign Goods and Businesses Violating Laws. This regulatory push is part of a broader governmental effort to tackle issues stemming from the foregoing that create uneven playing fields and undermine consumer welfare. The draft guidelines are designed to regulate platform operators and their complex and multidimensional trade relations that cause network effects and distort competition. The forthcoming guidelines, to be issued under the Trade Competition Act B.E. 2560 (2017), will undergo public consultation to ensure platform operators, the public, and other stakeholders will have an opportunity to provide input before they are finalized and enforced. The guidelines are seen as an important priority, with the minister of commerce urging swift implementation of the measures to achieve the government’s objectives. In addition to the legislative advancement, one of the TCCT commissioners has been appointed to advise a subcommittee on preventing nominee arrangements by foreign investors and a subcommittee dedicated to promoting Thai SMEs and eliminating poor-quality imports. The appointee will also support the nationwide task force against illegal foreign products in overseeing proactive field operations and comprehensive

On May 2, 2025, the Trade Competition Commission of Thailand (TCCT), in cooperation with the OECD, held a conference to discuss the results of the OECD Peer Review of Thailand’s competition law and policy. This review, conducted under the second phase of the OECD-Thailand Country Program, marks a significant milestone in Thailand’s ongoing institutional reform. Tilleke & Gibbins’ trade competition experts were invited to participate in both the program and the conference. The OECD Peer Review aimed to assess the current state of Thailand’s legal and regulatory environment surrounding competition law and policies, pinpoint strengths and weaknesses, and offer recommendations on potential future development. This article highlights the review’s key findings and recommendations, and their implications for businesses operating in Thailand. Institutional Framework: Room for Improvement Competition law in Thailand has undergone significant transformation, particularly since the enactment of the Trade Competition Act B.E. 2560 (2017) (TCA). This landmark legislation aimed to revolutionize the competition regime, notably by amending important legal provisions to enhance public enforcement capabilities and establishing the TCCT as an independent authority separate from government ministries, endowed with its own budget and powers to enforce competition law across key areas: anticompetitive agreements, abuse of dominant market positions, merger control, and unfair trade practices. The goal was to create a more efficient, flexible, and independent agency and to prevent political intervention. However, the OECD Peer Review points out a major impediment. The TCCT faces considerable budget and human resource constraints, which may impact its enforcement capacity. Its budget is comparatively low by international and regional standards, and only a fraction of its staff is dedicated to core competition enforcement (merger control and anticompetitive behavior). Furthermore, there is room for the TCCT to continue its improvements in expertise and efficiency—areas the TCCT has been attempting to shore up

Attorneys from Tilleke & Gibbins have updated the latest edition of Doing Business in Thailand, a Q&A-style guide from Thomson Reuters Practical Law that offers an overview of key legal considerations for companies operating in jurisdictions worldwide. The contribution outlines the country’s legal and regulatory framework for foreign investment and business operations and reflects the latest legislative developments. The chapter addresses the following core topics: Legal system: Structure of the courts and the codified nature of Thai law. Foreign investment: Business restrictions under the Foreign Business Act, sector-specific regulations, exchange control rules, and investment incentives. Business vehicles: Overview of partnerships, private and public limited companies, and other legal entities. Employment: Labor protections, employment contracts, foreign worker requirements, and termination procedures. Tax: Corporate and personal income tax, indirect taxes, and tax obligations for residents and non-residents. Intellectual property: Registration and enforcement of patents, trademarks, designs, and copyrights. Data protection: Key provisions of the Personal Data Protection Act and related compliance obligations. Competition law: Regulatory framework under the Trade Competition Act. Anti-bribery and corruption: Relevant legislation and enforcement mechanisms. E-commerce and digital business: Legal regime for online transactions and digital platforms. Marketing and advertising: Consumer protection laws and regulations affecting advertising and marketing practices. Product regulation and liability: Safety standards, liability regimes, and roles of enforcement authorities. Practical Law, a legal reference resource from Thomson Reuters, publishes a range of guides for hundreds of jurisdictions and practice areas. The insurance and reinsurance guide is a valuable resource for legal practitioners, covering numerous jurisdictions worldwide. To view the latest version of the guide, please visit the Practical Law website and enroll in the free Practical Law trial to gain full access.