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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

July 10, 2025
For companies and individuals doing business in Vietnam, a common question is whether electronic signatures (e-signatures) are legally recognized under Vietnamese law. This matter is governed by Law No. 20/2023/QH15 on Electronic Transactions issued on June 22, 2023 (ETL 2023) and its guiding legal documents such as Decree No. 23/2025/ND-CP dated February 21, 2025, and Circular 06/2024/TT-BTTTT dated July 1, 2024 (Circular 06). Recognition of Validity of E-signatures in Vietnam As a general principle, the ETL 2023 confirms that an e-signature cannot be denied legal validity solely due to its electronic form. The law categorizes e-signatures into three types: Type 1: Specialized e-signatures for organizations Type 2: Public digital signatures for individuals and organizations Type 3: Specialized digital signatures for government agencies Among these types, only secure specialized e-signatures (a secure e-signature of type 1) and digital signatures (type 2) are explicitly granted the same legal validity as handwritten (wet) signatures. This distinction is particularly important in legal disputes and for transactions with government agencies. (For more details, please refer to our previous article.) Domestic e-signatures A domestic organization can choose to use secure specialized e-signatures (type 1) and/or digital signatures (type 2) while a Vietnam-based individual can choose digital signatures (type 2) for their transactions—particularly for those involving government agencies and transactions of high value and complexity which require stronger legal protection. Specialized e-signatures (type 1) can be created by the organizations themselves, and additionally must be “secure” to be explicitly recognized as having the same legal validity as handwritten signatures. For clarity, “secure” specialized e-signatures are those certified (granted a safety certificate) by the Ministry of Science and Technology (MST). (This was formerly the responsibility of the Ministry of Information and Communications, which was merged with MST under Vietnam’s 2025 administrative restructuring.) Digital signatures (type 2) are
July 4, 2025
On July 3, 2025, the Trade Competition Commission of Thailand (TCCT) officially announced an invitation for stakeholders to participate in a public survey to gather feedback on the flexibility and appropriateness of credit terms across different business sectors for goods and services. The TCCT initially introduced guidelines on unfair trade practices related to credit terms applicable to small and medium-sized enterprises (SMEs) in 2021, with amendments following in 2022. The guidelines have had a wide impact, as businesses have had to adapt their payment procedures and practices, particularly those for dealing with SMEs, to comply with the guidelines. The TCCT is now seeking comprehensive feedback from businesses and other stakeholders to evaluate the effectiveness and practicality of these guidelines. The collected responses may potentially lead to future amendments aimed at enhancing fairness and efficiency in business transactions. To summarize the core principles, the guidelines aim to improve the liquidity and cash flow of SMEs, stipulating payment terms of: Within 30 days for agricultural products or primary agricultural processing involving non-complex production. Within 45 days for trade, manufacturing, and service sectors. The guidelines also identify practices deemed unfair, including: Unjustified delays in payment beyond agreed credit terms. Changes to credit terms or contractual conditions without at least 60 days’ advance notice. Other unfair conduct or credit term conditions that impose excessive burdens on an SME. Interested stakeholders are encouraged to submit their feedback through the TCCT’s online survey form available via their official public media channels. The survey is open for responses until July 20, 2025.
June 17, 2025
On January 9, 2025, the Lao official gazette published the newly amended Decision on Trade Inspection Implementation No. 0019/MOIC, dated January 6, 2025. This decision aims to establish principles and rules for trade officers to inspect, fine, and take measures against violators of trade laws and their related regulations on business competition, business operations, and intellectual property rights to protect consumers and business operators in Laos. Changes in Trade Inspection Procedures Previously, trade inspection officers, operating independently under the central Ministry of Industry and Commerce (MOIC) or the provincial-level Department of Industry and Commerce (DOIC), were responsible for administrative raid actions focusing exclusively on intellectual property issues. However, following the enactment of Decision No. 0019/MOIC, trade inspection officers will now be grouped into the Trade Officers Unit, which will also include business competition officers and consumer protection officers. This unit will conduct and participate in raids, considering not only intellectual property laws but also competition and consumer protection laws when imposing penalties on infringers. Trade Inspection Authority Levels Trade inspection implementation is overseen by authorities at three levels: Central level: Department of Business Competition and Trade Inspection, MOIC. The MOIC handles trade inspection work covering all provinces in Laos. Provincial level: DOIC offices in provinces and Vientiane handle trade inspections covering two or more districts. District level: Office of the Industry and Commerce offices in districts. Violations Individuals, legal entities, and organizations violating the newly amended trade inspection decision, the Decree on Trade Inspection, or other related regulations will be educated about the issue, warned, disciplined (for government servants), fined, subject to compensation for damage incurred, or punished by the relevant laws, depending on the gravity of the violation. Trade Violations Violations of trade laws and regulations concerning business operations will result in fines and additional measures. Examples include:
June 4, 2025
On April 2, 2024, the Cambodian Competition Commission (CCC) issued Decision No. 087 on Requirements and Procedures of Exemptions under the Law on Competition, outlining the requirements and procedures for requesting exemptions for agreements or activities that could prevent, restrict, or distort competition in Cambodia. Franchise agreements often include clauses such as price fixing, exclusive supply arrangements, or territorial restrictions, which could potentially raise concerns under the Law on Competition. Therefore, it is necessary for both franchisors and franchisees to understand how the law applies to their agreements and whether an exemption request may be required. Some arrangements under franchise agreements may fall within the scope of prohibited practices under the Law on Competition. These include horizontal and vertical agreements, abuse of dominant position, and anti-competitive business combination. If a business owner contemplates that their franchise agreement could be interpreted as anti-competitive, they must assess whether to apply for an exemption. Key Criteria for Exemption Under Decision No. 087, the CCC may grant an exemption if the applicant can demonstrate that the proposed agreement or activity meets all four of the following conditions: Significant and identifiable benefits: The agreement must provide clear technological, social, or economic benefits such as cost efficiencies, qualitative efficiencies, initiations of new technologies, or environmental and sustainable benefits. Necessity of the agreement/activities: These benefits must not be achievable without the proposed agreement or activity. The applicant must show that prevention, restriction, or distortion of competition are essential to realizing the benefits. Benefits outweigh harm: The positive impacts must significantly outweigh any adverse effects caused by the prevention, restriction, or distortion of competition, and the benefits should be likely to materialize within one year. No elimination of competition: The agreement must not eliminate competition in any substantial aspect of goods or services. Application and Supporting Documents
AWARDS & RANKINGS
July 21, 2025
Tilleke & Gibbins has been nominated for Southeast Asian Firm of the Year at Law.com’s Asia Legal Awards 2025. This nomination follows the firm’s win last year and reflects the team’s ongoing commitment to delivering exceptional legal services across the region. The winner will be announced at the in-person awards ceremony in Singapore on September 10, 2025. For more information on the Asia Legal Awards 2025, and to browse the full list of nominees in all categories, please visit the Law.com International website.
May 13, 2025
Tilleke & Gibbins has been recognized in the In-House Community (IHC) Firms of the Year 2024, earning accolades across 19 categories in Thailand and Vietnam. The results, based on surveys of in-house counsel across Asia, reflect client perspectives on the quality and responsiveness of legal services in key practice areas. The firm received 11 Firm of the Year awards and two honorable mentions in Thailand, along with six Firm of the Year awards in Vietnam. Notably, Tilleke & Gibbins was named “Most Responsive International Law Firm” in both jurisdictions—an acknowledgment that underscores the firm’s longstanding commitment to client service. Firm of the Year – Thailand Most Responsive International Law Firm Antitrust/Competition Banking and Finance Employment Energy and Projects Intellectual Property International Arbitration Litigation and Dispute Resolution Real Estate and Construction Taxation Technology, Media, and Telecommunications Honorable Mention: Capital Markets Honorable Mention: Corporate and M&A Firm of the Year – Vietnam Most Responsive International Law Firm Employment Intellectual Property International Arbitration Litigation and Dispute Resolution Technology, Media, and Telecommunications The IHC Firms of the Year rankings are determined through responses from thousands of in-house counsel and corporate decision-makers in Asia and the Middle East. Tilleke & Gibbins is honored to receive this recognition from the clients and peers it serves across the region.
April 18, 2025
Asian Legal Business has released its 2025 “Employer of Choice” rankings, and Tilleke & Gibbins has once again secured top honors as a premier employer in the legal sector in both Thailand and Vietnam. This marks the 13th consecutive year that the firm has been recognized as Employer of Choice in Thailand and the 11th time in Vietnam.
April 1, 2025
Tilleke & Gibbins has been recognized in 10 categories at the 2025 Thailand Law Firm Awards from Asia Business Law Journal (ABLJ). These awards celebrate the country’s top law firms across key practice areas, as well as a separate category for the best overall firms. This year, Tilleke & Gibbins was named a leader in: Best Overall Law Firms Aviation Competition & Antitrust Data Compliance & Cybersecurity ESG (Environmental, Social, and Governance) Healthcare & Life Sciences IP Prosecution Private Equity & Venture Capital Shipping & Maritime Technology, Media & Telecoms The awards were determined by ABLJ’s research team, which evaluates law firms based on their recent work, client feedback, and standing in the market. ABLJ is a legal publication in Asia, providing in-depth coverage of legal and business developments across the region. Its annual Thailand Law Firm Awards highlight excellence in legal practice and industry leadership. For more details and the full list of winners, please visit the Asia Business Law Journal website.