Thailand has a robust legal framework for competition, with laws and regulations in place to prevent anticompetitive conduct and market concentration and to promote fair competition. However, as the business environment in the country continues to evolve, it is important for companies operating in Thailand to stay informed about the latest developments in competition laws and regulations. Generally, Thailand’s competition regime is based on the Trade Competition Act B.E. 2560 (2017) (the TCA) and its implementing regulations, except for certain industries which are governed by sector-specific competition regulations. The TCA is designed to promote free and fair competition by suppressing anticompetitive behaviors. In this article, we will examine what businesses can expect in the coming year, and what they need to be aware of in order to stay compliant. A Maturing Regulatory Structure The Trade Competition Commission of Thailand (TCCT) is the agency responsible for enforcing competition laws and regulations in Thailand. The TCCT has the authority to oversee the market structure, act to maintain competitiveness in various industries, investigate misconduct, and take action against companies that engage in anticompetitive practices, such as abuse of market dominance, cartels, and unfair trade practices. It also has discretionary power to consider applications for a merger of two or more businesses that may cause monopoly or market dominance. While the TCA and the TCCT had limited success in the decades after the original TCA’s enactment in 1999, a new TCA in 2017 made several significant changes to the previous version of the law. The 2017 TCA guarantees the independence of the TCCT from political and business interventions. It also introduces administrative penalties for less-serious offenses, including non-hardcore cartels, unfair trade practices, and neglect of merger filing duties. Since then, the TCCT has been more active in its issuance of subordinate regulations to

Thailand has issued a regulation on advertising content—including language-related requirements—securing the right of consumers to clear and fair advertising. The Committee on Advertisement, a subcommittee of the Consumer Protection Board under the Consumer Protection Act B.E. 2560 (2017) (the CPA), laid out the rules in Notification Re: Guidelines on Use of Advertisement Statements by Confirming Facts that are Difficult to Prove and Guidelines on Proof of Advertisement Statements B.E. 2565 (2022). The notification, which repeals and replaces two previous guidelines on the same subject matter, was published in the Government Gazette on January 13, 2023, and took effect the following day. Under the CPA, advertisements must not be false or exaggerative. If the Committee on Advertisement suspects an advertisement of breaching this restriction, the business operator may have to provide proof of the claims in their advertisement. This new notification clarifies the criteria for determining whether advertisements are false, exaggerative, or unfair to consumers, and also outlines the procedure and evidence for proof of the advertisement at issue. Mandated Content The notification requires that advertisements fulfill several requirements: Advertising statements must be in Thai; must be easily seen, heard, or read; and must not be misleading. If the advertisement is in a foreign language, the Thai translation must also be made available. The notification additionally sets detailed requirements for different types of advertisement media. The primary purpose of the advertisement must be to give consumers clear and sufficient understanding. For example, if an advertisement claims that services will be provided free, the services must not be conditional on any fees, so consumers understand correctly that they do not have to pay any fee for the services. Descriptions mentioned in advertisements—such as quantity, volume, size, number, or ingredients or elements—must reflect the actual products or services sold to the consumers.

Thailand’s Energy Regulatory Commission (ERC) has issued four new regulations under the Energy Business Act B.E. 2550 (2007) setting forth competition regimes to control both anticompetitive conduct and market structure in the energy business sector. The regulations were published in the Government Gazette on December 19, 2022, and took effect the following day. The key provisions of these ERC competition regulations largely mirror those articulated in the Trade Competition Act B.E. 2560 (2017) and its subordinate legislation. The most significant features of these competition regulations are summarized below. Market Definition Regulation The ERC’s market definition regulation (officially the ERC Regulation re: Market Definition and Relevant Market of Related Energy Services B.E. 2565) outlines the general framework for defining relevant markets in the energy sector. The factors to be taken into consideration include types of energy licenses, geographical areas, competition conditions, and interchangeability of energy services. In the annex to this regulation, the ERC has classified the relevant energy service markets as follows: Power business activities include power generation, power transmission system services, power distribution system services, power distribution services, and power system control services. Natural gas business activities include natural gas transmission through pipelines via natural gas transmission systems, natural gas procurement and wholesale via natural gas distribution systems, natural gas retail via natural gas distribution systems, and storage and regasification of liquefied natural gas. The ERC will review its market definitions and relevant energy service markets from time to time, taking into account changes in technology and competition conditions as well as feedback from public hearings. Market Dominance Regulation Under the ERC’s market dominance regulation (officially the ERC Regulation re: Criteria on Business Operator having a Market Dominance B.E. 2565), the ERC is empowered to proactively determine and declare which license-holding energy business operators have a dominant position

The Contract Committee of Thailand’s Consumer Protection Board has issued new requirements and prohibitions for consumer loan agreements. The Notification of the Contract Committee Re: Stipulation of Loan Business for Consumers as a Contract-Controlled Business B.E. 2565 (2022) was published in the Government Gazette on December 13, 2022, and will take effect after 90 days (i.e., on March 13, 2023). The notification repeals and replaces the Contract Committee’s previous notifications regarding the same subject matter, which were issued in 2001 (Nos. 1–2), 2002 (No. 3), and 2015 (No. 4). The notification enhances protection for consumers by extending the scope of application and stringently regulating the content of agreements for loans to individual consumers. Key Definitions The scope of the notification is largely indicated by its definitions of a few key terms: “Loan business for consumers” refers to a business in which the operator enters into an agreement to grant a loan to a consumer (i.e., not a juristic person) or to allow the consumer to borrow money from the business operator, whereby the consumer will spend money for a purpose other than their occupation or business to earn income. This includes granting loans to consumers through an electronic channel. The notification can also apply to personal loan businesses, digital loan businesses, and peer-to-peer lending businesses regulated by the Bank of Thailand. “Business operators” include financial institutions under the law relating to financial institutions; banks established under specific laws; individuals who carry out a loan business in their ordinary course of business; and juristic persons that engage in loan business, securitization business, or asset management of rights to monetary claim. Certain types of businesses and organizations—such as cooperatives—are excluded from the scope of this notification. “Interest” means legal interest in accordance with the Civil and Commercial Code, and it includes