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Antitrust and Competition

Antitrust and Competition

Key Contacts

Cambodia

Laos

Myanmar

Thailand

Vietnam

OVERVIEW

Strategic competition guidance across Southeast Asia.

Tilleke & Gibbins’ Antitrust & Competition practice delivers practical, business-focused guidance to companies operating across a rapidly evolving competition law landscape. We advise on both behavioral controls—including abuse of dominance, cartel conduct, and unfair trade practices—and structural controls, particularly merger control and notification requirements.

As competition regimes across Southeast Asia continue to mature and converge, we assist clients in navigating a broad spectrum of competition law issues. Our work includes multi-jurisdictional merger control analysis and filings for cross-border and domestic M&A transactions, competition assessments for trade and distribution contracts, defense strategy against investigations and claims, and consultation on sale and marketing campaigns, sector-specific regulations, and emerging digital platform frameworks. We develop commercially pragmatic legal and commercial strategies that facilitate trade, commerce, and investment while maintaining full compliance with applicable competition laws.

A key strength of our practice is our close collaboration with select international and domestic economic consulting firms. For complex matters, we deliver integrated legal and economic analysis covering market definition, competitive effects, damages assessment, and merger filing support.

We also provide tailored competition law training programs, including compliance training and dawn raid preparedness, to help in‑house teams mitigate regulatory risk and respond effectively to enforcement action.

Experience

  • Assisted DSV Panalpina A/S (DSV) with merger filing requirements in Thailand in connection with its USD 4.2 billion global acquisition of Global Integrated Logistics (GIL) from Agility.
  • Assisted Kuehne+Nagel, a global leader in freight forwarding and contract logistics, with merger control analysis and filing in Thailand related to its acquisition of shares in City Zone Express.
  • Collaborated with the largest Japanese law firm in advising SBH on market analysis, competition assessment, premerger filings, and TCCT compliance for the merger of 3K and FB, Thailand’s second- and third-largest lead-acid battery manufacturers, and assisted with implementing postmerger remedies imposed by the TCCT.
  • Advised Jack Chia Industries (Thailand) PCL on merger control implications of its subsidiary Pharma Care Limited’s acquisition of a pharmaceutical and medical device manufacturing facility from 3M Thailand Limited, a market leader in first-aid dressing products (including Nexcare and Neoplast brands).
  • Assisted Takeda Pharmaceuticals (Asia Pacific) Pte. Ltd. in localizing its internal competition law policies and dawn raid guidelines for its Thai entities and delivered training on competition law compliance and TCCT dawn raid procedures.
  • Advised Roche Thailand Ltd. on a broad range of legal matters in Thailand, including extensive advice on antitrust compliance for sales and marketing practices and review of distribution agreements.
  • Reviewed FMC AG (Thailand) Ltd.’s distribution agreement and advised on compliance with Thailand’s Trade Competition Act, with particular focus on pricing structures, margin calculation mechanisms, and resale price maintenance.
  • Advised Restaurants Development Co., Ltd., a franchisee of KFC restaurants in Thailand, on competition law risks associated with franchise rights, including restrictions on the expansion of franchise outlets.
  • Provided cross-practice legal advice to Hthai (Thailand) Company Limited, the Thai importer and retailer of clothing under the global H&M brand, on regulatory issues relating to unfair trade practices and intellectual property.
  • Advised Gojek on compliance with antitrust and competition law requirements in Thailand and Vietnam.
  • Assisted Yara International in localizing competition law training materials for Thailand as part of an e-learning program and revised content to align with the new Thai Trade Competition Act and local market practices.
  • Delivered in-house training to Rockwool (Thailand) Ltd., a leading manufacturer of sustainable insulation products, on competition law compliance, bid rigging, and dawn raid procedures.

PROFESSIONALS

RELATED INSIGHTS

April 15, 2026
On March 31, 2026, Vietnam’s government issued Decree 102/2026/ND-CP (Decree 102), which amends Decree 75/2019/ND-CP on administrative sanctions for competition law violations (Decree 75). Effective from May 20, 2026, the new decree introduces a number of significant changes aimed at strengthening enforcement, revising penalty structures, and broadening the range of remedial measures, primarily for violations related to economic concentration. Revised Penalties for Economic Concentration Violations Decree 102 significantly revises the penalties for violations related to economic concentration. Failure to notify an economic concentration; implementing an economic concentration before clearance Under the new framework, Articles 14 and 15 of Decree 75 have been amended to impose a range of monetary fines, rather than relying solely on percentage‑based penalties as under the previous regime, for violations involving the failure to notify an economic concentration or the implementation of an economic concentration prior to clearance. The fines range from VND 500 million to VND 1 billion for each enterprise participating in a concentration with combined assets, revenues, or purchase value below VND 3,000 billion in the preceding fiscal year, capped at 5% of the violating enterprise’s total turnover in the relevant market. For concentrations meeting or exceeding the VND 3,000 billion threshold across those same metrics, the fines increase to VND 1 billion to VND 2 billion per enterprise, also subject to the 5% cap. These differentiated thresholds allow penalties to better reflect the size of the transaction and its potential competitive impact. Non-compliance with conditional approvals Enterprises that do not implement or only partially implement the conditions specified in a conditional economic concentration approval decision face fines ranging from 1% to 3% of total turnover in the relevant market during the fiscal year preceding the violation. Decree 102 also adds a new remedial measure requiring enterprises to fully implement all conditions
March 30, 2026
On March 24, 2026, the Trade Competition Commission of Thailand (TCCT) published its long-anticipated Guidelines on Multi-Sided Platforms and E-Commerce Businesses in the Government Gazette, following the conclusion of a public hearing conducted last year. The guidelines entered into force on March 25, 2026, and significantly expand the application of Thai competition law to digital platform ecosystems. These rules introduce targeted restrictions on platform conduct, such as price-ranking algorithms and tying and bunding, that leverages network effects, and will have far-reaching implications across Thailand’s digital economy—affecting not only platform operators but also platform participants, including sellers, logistics providers, advertisers, and payment service providers operating on or alongside such platforms. The guidelines clarify how existing prohibitions under the Trade Competition Act B.E. 2560 (2017) (TCA)—including abuse of market dominance, cartel conduct, and unfair trade practices—apply in the context of platform-based business models. While many provisions reflect earlier draft guidelines, the final version delivers more precise definitions and clearer enforcement parameters, increasing regulatory certainty while also raising compliance expectations. Applicability The guidelines introduce core definitions that determine their coverage: Multi-sided platform: A platform that acts as an intermediary connecting two or more groups of users, enabling them to have direct interaction in order to exchange or rely on services from one another. Examples include digital platforms for trading goods or services (e-commerce), as defined below. Digital platform for trading goods or services (e-commerce): A platform that acts as an intermediary connecting the distribution, purchase, sale, or exchange of goods or services. This includes operations carried out to facilitate transactions or interactions between business operators through an electronic transaction system, regardless of whether a service fee is charged. Operator of a digital platform business for trading goods or services: A provider of digital platform services for trading goods or services, as described
February 25, 2026
Tilleke & Gibbins has updated the Vietnam chapter in the newly released Licensing 2026 guide, published by Lexology Panoramic. The comparative guide provides companies and other interested readers with information on licensing law and practice in various countries around the world. Licensing 2026 provides detailed information on the following topics: Restrictions, laws and licensing arrangements Intellectual property issues: Paris Convention for the Protection of Industrial Property, contesting the validity of licensor’s IP rights, invalidity and expiry of IP rights, security interests, proceedings against third parties, sublicensing, jointly owned IP, first to file, scope of patent protection, trade secrets, copyright Software licensing: Perpetual licensing, legal requirements, user restrictions Royalties and payments, currency conversion, and taxes: Relevant legislation, restrictions, taxation of foreign licensors Competition law issues: Restrictions on trade, legal restrictions, and IP-related court rulings Indemnification, disclaimers, and damages: Prevalence and enforceability of indemnity provisions and contractual waivers of damages Termination: Right to terminate, impact of termination Bankruptcy: Impact of licensee or licensor bankruptcy Dispute resolution: Governing law, arbitration, enforceability, injunctive relief, contractual waivers The Vietnam chapter is available below as a PDF. Readers can gain 30 days of complementary access to the full Licensing 2026 guide and the rest of Lexology Panoramic’s varied offerings through this link.
February 20, 2026
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
AWARDS & RANKINGS
March 19, 2026
Tilleke & Gibbins has been recognized in 17 categories at the 2026 Thailand Law Firm Awards from Asia Business Law Journal (ABLJ), up from 10 categories in 2025. The awards highlight leading law firms in Thailand across a broad range of practice areas, as well as overall firm performance. This year, Tilleke & Gibbins was named a co-winner in the Best Overall Law Firm category as well as in the following practice-specific categories: Artificial Intelligence Aviation Blockchain & Digital Assets Competition & Antitrust Data Compliance & Cyber Security E-Commerce, Digital Trade & Platform Regulation ESG (Environmental, Social, and Governance) Fintech Healthcare & Life Sciences Insurance & Reinsurance IP Litigation IP Prosecution Labour & Employment Private Equity & Venture Capital Shipping & Maritime Technology, Media & Telecommunications The awards are determined through ABLJ’s independent research, which considers recent work, client feedback, and market standing. The annual Thailand Law Firm Awards recognize firms demonstrating strong performance and breadth of expertise across key practice areas. For more details and the full list of winners, please visit the ABLJ website.
March 9, 2026
Tilleke & Gibbins has been shortlisted in multiple firmwide and individual categories at the Legal 500 Southeast Asia Awards 2026, including Regional Firm of the Year, reflecting the firm’s work across Southeast Asia and the continued development of its regional practices. In the individual categories, Aye Thuzar Hlaing has been shortlisted for Myanmar Associate of the Year (Corporate and M&A), and Linh Duy Mai has been shortlisted for Vietnam Associate of the Year (Intellectual Property). Tilleke & Gibbins has also been shortlisted in the following firm categories: Regional Firm of the Year Thailand – Law Firm of the Year Thailand – Law Firm of the Year (Litigation) Myanmar – Law Firm of the Year Vietnam – Law Firm of the Year Vietnam – Law Firm of the Year (Labor and Employment) Laos – Law Firm of the Year The winners will be announced on April 30, 2026, at the Legal 500 Southeast Asia Awards ceremony in Singapore. To browse the full shortlist for the Legal 500 Southeast Asia Awards 2026, please see the Legal 500 website.
March 2, 2026
Tilleke & Gibbins has been shortlisted for two prestigious recognitions in the Chambers Asia-Pacific and Greater China Region Honours 2026. The firm received nominations for both Thailand Firm of the Year and Vietnam Firm of the Year. The Chambers Asia-Pacific and Greater China Region Honours recognize preeminent law firms demonstrating outstanding work, impressive strategic growth, and excellence in client service across the region. The Thailand nomination marks the firm’s sixth consecutive shortlisting and twelfth since 2010. For Vietnam, this is the third consecutive year the firm has been recognized. The winners will be announced at an awards ceremony in Hong Kong on May 28, 2026. To learn more about the Chambers Asia-Pacific and Greater China Region Honours 2026 and browse the full list of nominations, please visit the Chambers and Partners website.
January 15, 2026
Tilleke & Gibbins has demonstrated continued excellence across all six jurisdictions where the firm operates in the 2026 edition of the Legal 500 Asia-Pacific rankings. The recently released rankings showcase the firm’s outstanding performance with 29 practice area recognitions and 34 individual rankings—an increase from 30 individual recognitions in 2025.