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February 20, 2026

Thailand’s Competition Law: What to Watch in the Year Ahead

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The past year has been an important one for the Trade Competition Commission of Thailand (TCCT). With a right combination of commissioners bringing expertise in competition law, investigations, administrative procedures, court processes, and sector-focused industries, the regulator has pushed forward with stronger enforcement efforts and closer cooperation with both domestic and international stakeholders.

In 2025 the TCCT participated in major international initiatives—including peer reviews conducted by the OECD and ASEAN. These efforts reflect Thailand’s ongoing ambition to elevate its competition law framework to meet international expectations and build trust among global communities.

There was also significant momentum around potential amendments to the Trade Competition Act (TCA). Political parties, the TCCT, the private sector, and civil society all agreed that the 2017 law could benefit from clearer rules and more effective enforcement tools. Although a draft amendment passed an initial reading and moved to a subcommittee for revision, the process stalled following the dissolution of Parliament.

At the same time, the TCCT invested heavily in strengthening its own internal capabilities. It expanded collaborations with organizations such as the OECD, ASEAN authorities, the EU, and counterparts in Japan and Australia.

The TCCT also published sector-specific market studies, including on digital platforms and e‑marketplaces and on cold‑rolled steel. The regulator also shared draft guidelines aimed at regulating online platforms—although these have not yet been finalized.

What’s Next for the TCCT?

Looking ahead, the TCCT is set to keep building on the momentum it has created and be a more active, transparent, and practical regulator. It is likely to become even more visible in the public sphere as it steps up efforts to raise awareness about competition law, especially among businesses that may not traditionally follow or be familiar with such regulatory developments. Digital markets, including e‑commerce and online marketplaces, will remain a particular area of focus as the TCCT continues to monitor the fast‑evolving landscape.

The TCCT is also working to refine how it enforces the law. Following recent peer reviews by the OECD and ASEAN, the regulator intends to issue more detailed and better‑structured decisions. This shift is aimed at giving businesses clearer explanations of the legal and economic reasoning behind the TCCT’s findings. Over time, these decisions should help companies better understand how the rules are applied in practice and contribute to broader legal and academic discussions in the field.

Internally, the TCCT is reviewing the full suite of legal tools available under the TCA. The goal is to ensure these mechanisms, such as injunctions and settlements by fines, are used more efficiently and consistently. To support this, the TCCT is expected to introduce new rules or guidelines on fine levels and calculation methods. If implemented, these standards would bring Thailand’s penalty system closer to international practices, including those used in the US and EU.

New Draft Rules on Consultation for Advance Decisions

On February 4, 2026, the TCCT released a draft notification outlining updated criteria and procedures for requesting advance decisions under section 59 of the TCA. Section 59 allows businesses to proactively ask the TCCT to review whether a planned activity, such as a business strategy, marketing program, or other proposed conduct, could potentially violate the TCA.

For many businesses, this preliminary consultation tool is an effective way to reduce regulatory and competition‑law risks. Businesses that have taken advantage of this process have found that obtaining an advance decision can provide meaningful legal certainty, as the decision is binding once issued.

Business Outlook

Throughout the coming year, businesses operating in Thailand would be well-advised to stay closely informed about the TCCT’s enforcement practices and forthcoming guidelines. Proactive engagement with competition authorities, regular compliance reviews, and timely consultation on planned initiatives can help mitigate legal risks and capitalize on new opportunities as the regulatory landscape continues to mature. As 2026 unfolds, companies that prioritize adaptability and a forward-thinking approach to competition law will be best positioned to navigate the shifting environment successfully.

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On February 4, 2026, the Trade Competition Commission of Thailand (TCCT) released a draft notification outlining updated criteria and procedures for requesting advance decisions under section 59 of the Trade Competition Act (TCA). This draft is now open for public comment through the TCCT website until March 5, 2026. Section 59 of the TCA lets businesses proactively ask the TCCT to review whether a planned activity, such as a business strategy, marketing program, or other proposed conduct, could potentially violate the TCA. The major limitation is that this mechanism cannot be used for merger‑control matters. The new draft aims to make the process more accessible and user‑friendly. Key updates include allowing for electronic submission of requests and establishing a shorter notification timeframe, requiring the TCCT to explain any delay to the 60‑day review period within 7 days instead of the previous 15 days. For many businesses, this preliminary consultation tool is an effective way to reduce regulatory and competition‑law risks. Businesses that have taken advantage of this process have found that obtaining an advance decision can provide meaningful legal certainty, as the decision is binding once issued.
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