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Antitrust and Competition

Antitrust and Competition

Key Contacts

Cambodia

Laos

Myanmar

Thailand

Vietnam

Jay Cohen

     +855 23 964 210

     [email protected]

Prisna Sungwanna

     +66 2056 5656

     [email protected]

Yuwadee Thean-ngarm

     +95 9 772 440 002

     [email protected]

Kobkit Thienpreecha

     +66 2056 5534

     [email protected]

Nutavit Sirikan

     +66 2056 5510

     [email protected]

Tram Ngoc Bich Nguyen

     +84 28 6284 5668

     [email protected]

Tu Ngoc Trinh

     +84 24 3772 5556

     [email protected]

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.

Case Studies
Regional | Technology | Competition and Trade

Comprehensive Overview of Regional Antitrust and Competition Frameworks

Engaged by a Chinese multinational electronics company to prepare a comprehensive overview of the local regulatory frameworks applicable to antitrust and competition law in Myanmar, Thailand, and Vietnam (as well as in Malaysia and the Philippines through our extensive legal network).

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Thailand | Corporate/M&A, Competition and Trade

Assisted Kuehne+Nagel with Thai Elements of Regional Acquisition of City Zone Express

Worked with Stephenson Harwood LLP and acted as Thai legal counsel to Kuehne+Nagel in connection with its USD 67.4 million regional acquisition of City Zone Express from Chasen Holding Ltd.

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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

October 3, 2025
On September 26, 2025, the Contract Committee under Thailand’s Consumer Protection Board issued a regulation that aims to standardize contracts and enhance consumer protection within the beauty and wellness industry. The Notification on Prescribing the Beauty Service Business as a Contract-Controlled Business B.E. 2568 (2025), which takes effect on January 24, 2026, requires business operators to use a prescribed standard contract in Thai and adhere to strict mandatory provisions and prohibitions. These regulations apply to operators across all in-person and online service channels, including via digital platforms. “Beauty services business” is defined as the provision of services under an agreement allowing consumers to receive a series of treatments, either over a set number of sessions or within a set period. This includes massage, spa, other methods for cleanliness, beauty, or care of facial or body skin, and weight control and body shaping—including services offered electronically. The law excludes surgery, liposuction, and medical treatments performed by licensed practitioners. The notification establishes the following key requirements: Mandatory contract and formatting. All contracts with consumers must use the standard contract form, in Thai, with clear, readable text (minimum font size of 2 millimeters, no more than 11 characters per inch), and include all essential terms from the annexed form. Contract execution. Contracts must be made in duplicate, with one copy given to the consumer at signing. For agreements concluded through electronic channels, the process must comply with the Electronic Transactions Act and use the same required terms. Digital platforms. Business operators who provide services facilitated through a digital platform as an intermediary are ultimately responsible for ensuring the consumer receives a compliant contract. Prohibited clauses. The law prohibits clauses that limit or exclude liability for damages to life, body, health, mind, or property resulting from breach of contract or a wrongful act;
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September 29, 2025
In September 2019, the government of Vietnam issued Decree No. 75/2019/ND-CP on Administrative Sanctions in the Field of Competition (Decree 75) to address the urgent need for clear sanctioning mechanisms following the implementation of the new Law on Competition in July 2019. However, after five years of enforcement, various gaps and inconsistencies have been exposed that hinder its application. These shortcomings have reduced the deterrent effect of the sanctioning regime, and created legal uncertainty for market participants. A recent case involving Duc Giang – Lao Cai Chemicals’ acquisition of another chemical company—one of the first cases of economic concentration violation to be sanctioned by the National Competition Commission (NCC) since the Law on Competition took effect—highlights the practical difficulties under Vietnam’s competition law enforcement regime. In this case, although the transaction exceeded the statutory notification thresholds of economic concentration set out in the law, the parties failed to submit the required notification. This violation resulted in the NCC imposing aggregate fines of VND 1,423,982,880 (approximately USD 54,770) on the companies in September 2024. On appeal, Duc Giang – Lao Cai Chemicals argued that the chairman of the NCC was legally entitled to issue a warning as the key punishment instead of a monetary penalty. However, the chairman rejected the appeal, citing Article 14 of Decree 75, under which the specific penalty and level for “failure to notify economic concentration” is a fine, not a warning. While the chairman of the NCC is generally empowered to impose penalties, a warning cannot be applied if the specific regulation for a particular violation does not provide for it as a sanction. This example shows the inadequacy and inconsistency of the regulations on penalties for violations of competition law, and underscores the need for an amendment of Decree 75 to resolve such conflicts
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September 2, 2025
Thailand’s Office of the Consumer Protection Board (OCPB) has initiated a sweeping regulatory review of licensed direct sale and direct marketing businesses in Thailand and is in the process of notifying business operators to submit their annual business report and financial statement to the OCPB as part of their postlicensing obligations. This move marks a significant escalation in the government’s efforts to enforce compliance and transparency in the sector, which has faced growing scrutiny in recent years. Key Regulatory Considerations All businesses holding a direct sales or direct marketing license are required to submit their audited financial statement along with their business operation report to the OCPB within 60 days from the end of their fiscal year (extendable for up to 30 days by request, if necessary). The OCPB is currently conducting license audits as part of its enforcement duties. The office aims to complete audits for at least 90% of the 2,983 registered businesses that have obtained their license since 2022. This includes a review of the business conduct of the license holder. New license applications are also under scrutiny. Applicants are currently being subjected to background checks, and the OCPB has signaled a more rigorous vetting process moving forward. Impact of Noncompliance Failure to comply with these reporting obligations may result in escalating enforcement actions, including: Official notice to rectify noncompliance within a specified timeframe. Revocation of business registration, if the operator fails to respond. Revocation of business registration could result in a five-year prohibition on reapplying for a direct sales or direct marketing license following the revocation. The OCPB has already initiated outreach efforts, including SMS and email notifications, and has hosted seminars to raise awareness of these obligations. These measures are part of a broader initiative to enhance transparency and consumer trust in the sector. Businesses operating in the direct selling and
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August 21, 2025
On August 19, 2025, the Trade Competition Commission of Thailand (TCCT) released its draft Guidelines on the Consideration of Unfair Trade Practices and Conduct Constituting Monopoly, Reducing Competition, or Restricting Competition in Multi-Sided Platform Businesses in the Category of Digital Platforms for the Sale of Goods or Services (E-commerce). A public comment period on the guidelines is open until September 18. The draft provides the first detailed framework for how the TCCT will interpret and enforce the substantive provisions under the Trade Competition Act against digital platforms, which have a unique network effect and require complex competition analysis. This development will profoundly impact the operations of e-commerce platforms, sellers, and associated service providers in Thailand. The guidelines primarily target e-commerce digital platform business operators, which are defined as follows: E-commerce digital platform: A medium facilitating the sale, purchase, or exchange of goods or services, including any operations to create transactions or interactions between business operators via an electronic transaction system, regardless of whether service fees are charged. E-commerce digital platform business operator: A service provider of a digital platform for the sale of goods or services who acts as an intermediary facilitating the sale of goods or services, including any operations to create transactions or interactions through an electronic transaction system by receiving orders for goods or services transacted via an electronic system, whether in the form of an e-marketplace, a social marketplace, or any other form that connects purchase orders for goods or services with business operators through an electronic system. Prohibited Conduct The guidelines classify potentially anticompetitive conduct and unfair trade practices into two categories: price-related and non-price-related conduct. 1. Price-related conduct The TCCT is targeting pricing strategies that can harm competition. Key prohibited behaviors include: Price below cost: Setting prices below the average total cost without
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AWARDS & RANKINGS
September 12, 2025
The 2025/2026 edition of the IFLR1000 Asia-Pacific rankings, released by International Financial Law Review (IFLR), highlights Tilleke & Gibbins’ continued excellence in financial and corporate transactional work. The firm has maintained its strong rankings across multiple jurisdictions and practice areas while achieving notable upgrades and new recognitions, reaffirming its position as a leading firm in the Asia-Pacific region. This year, Tilleke & Gibbins received firmwide rankings in key jurisdictions, including: Thailand Banking & Finance—Tier 3 Capital Markets: Debt—Tier 3 Capital Markets: Equity—Tier 3 M&A—Tier 2 Project Development—Tier 2 Restructuring & Insolvency—Tier 3 Vietnam Banking & Finance—Tier 4 M&A—Tier 3 Project Development—Tier 3 Cambodia Financial & Corporate—Tier 2 Project Development—Tier 2 Laos Financial & Corporate—Tier 2 In addition to these firmwide rankings, Tilleke & Gibbins had several standout individual recognitions, with 12 lawyers honored in the 2025/2026 individual rankings—an increase from last year’s 10. This year’s results include upgraded rankings for John Frangos and new rankings for Charupat Boon-Long, Derrick Khoo, Prisna Sungwanna, and Saravut Krailadsiri. The full list is as follows: Charunun Sathitsuksomboon—Highly Regarded, M&A, Thailand; Women Leader Charupat Boon-Long—Rising Star, M&A, Thailand (new ranking) David Mol—Rising Star, Corporate and M&A, Cambodia Derrick Khoo—Rising Star (Partner), Financial and Corporate, Thailand (new ranking) Jay Cohen—Highly Regarded, Banking, Cambodia John Frangos—Highly Regarded, Restructuring & Insolvency, Thailand (upgraded ranking) Niti Muangkote—Rising Star, Financial & Corporate and Project Development, Laos; Highly Regarded, Banking & Finance, Thailand Prisna Sungwanna—Highly Regarded, Financial & Corporate, Laos (new ranking) Saithong Rattana—Notable Practitioner, Project Development and M&A, Laos Santhapat Periera—Highly Regarded, Banking & Finance and M&A, Laos; Highly Regarded, Banking & Finance, Thailand Saravut Krailadsiri—Notable Practitioner, Thailand (new ranking) Tram Ngoc Bich Nguyen—Highly Regarded, M&A, Vietnam To see the full set of IFLR1000 rankings for Tilleke & Gibbins’ jurisdictions, please see the Cambodia, Laos, Thailand, and Vietnam pages
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September 3, 2025
Tilleke & Gibbins is honored to announce that the firm has been shortlisted for three prestigious categories at the Asialaw Awards 2025. This year’s shortlist reflects the outstanding work of the firm’s teams across Southeast Asia and highlights their ongoing commitment to delivering exceptional client service in the region. In the firmwide category, Tilleke & Gibbins was nominated for: Cambodia Firm of the Year Laos Firm of the Year In the individual category, Prisna Sungwanna was shortlisted for Laos Female Lawyer of the Year, joining an impressive field of nominees from other leading firms. The Asialaw Awards celebrate the most outstanding firms and lawyers across the Asia-Pacific region. The 2025 winners are set to be announced at an awards ceremony in Ho Chi Minh City in November. For more information on the Asialaw Awards 2025 and to browse a full list of the nominees, please visit the Asialaw website.
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