On September 23, 2026, the Trade Competition Commission of Thailand (TCCT) launched a one-month public consultation period on a proposed notification that would overhaul how antitrust offenses under the Trade Competition Act B.E. 2560 (2017) are settled and penalized. The draft notification would replace the existing 2019 settlement framework with more detailed procedures, introduce offense-specific methods for fine calculation, and add tiered deterrence multipliers. Comments may be submitted until October 22, 2026.

Restructured Settlement Procedures and Timelines

The proposed notification formalizes the settlement process with clearer terminology and mandatory procedural steps. Once the TCCT determines that an accused party has committed an offense that does not warrant imprisonment, the commission would fix the settlement fine amount. The accused would have 15 days from receipt of the summons to appear before the TCCT, though this period may be extended if necessary.

If the accused confesses, consents to settlement, and pays the fine within the prescribed period, the criminal case would be closed and the settlement recorded. Refusals would also be recorded for further arrangements, and failure to appear, pay, or consent would result in the TCCT forwarding the case file and its recommendation—along with the accused’s fingerprints—to the public prosecutor. Notably, the draft allows accused parties to request settlement even after the TCCT has recommended prosecution but before the public prosecutor files charges, subject to prosecutorial consent.

The draft preserves TCCT discretion to decline settlement where the accused has committed more than three prior offenses or where the violation has substantially impaired free and fair competition, directing such cases directly to prosecution.

Fine Calculation Frameworks

The proposed notification establishes different fine calculation approaches depending on the type of Trade Competition Act violation.

For the most serious offenses (such as abusing market dominance, making anticompetitive agreements, or forming hardcore cartels) the authority first identifies the maximum fine permitted by law, which may be up to 10% of the offender’s total revenue for each year in which the infringement occurred. Then, the actual fine is assessed based on the seriousness and economic impact of the infringement. The calculation takes into account enforcement costs attributable to the infringing parties and economic harm caused to the relevant market.

Economic harm may be assessed using one of three approaches: the profit or economic return generated by the infringement; measurable economic loss based on affected sales volume and price differences; or an estimate based on revenue generated from the unlawful conduct. Under the third approach, the applicable rate ranges from 5% to 20%, depending on the offender’s aggregate revenue during the infringement period.

This method for calculating fines is intended to yield fines that reflect both the economic consequences of the infringement and the need for effective deterrence, while remaining within the statutory maximum.

Aggravating Factors and Deterrence Multipliers

For abuse-of-dominance and hardcore-cartel cases, the proposed notification identifies aggravating factors that may trigger deterrence multipliers. The TCCT may impose a “serious harm” multiplier of three times the base fine if any single factor applies, or a “very serious harm” multiplier of five times the base fine if two or more factors are present. These aggravating factors include:

• Recidivist conduct or repeated violations;
• Conduct causing widespread harm or affecting many persons;
• Acting as an instigator or inducing others to violate;
• Significant post-infringement changes to market share or market size;
• Harm involving unmeasurable impact such as network effects, lost opportunities for trading partners, or supply-chain spillovers;
• Conduct that aims to be difficult to detect or prosecute; and
• Circumstances where the calculated fine may prove insufficient to deter future violations, such as when the affected industry is critical to the national economy.

Business Outlook

Companies operating in Thailand—particularly those with significant market positions or multiparty commercial arrangements—should monitor the progress of the proposed notification. Companies should also be prepared for potentially higher and more prescriptive settlement exposures should the notification be enacted, and should consider reviewing compliance frameworks and settlement contingency planning in light of the new calculation criteria and deterrence factors.