On September 23, 2026, the Trade Competition Commission of Thailand (TCCT) launched a one-month public consultation period on a proposed notification that would overhaul how antitrust offenses under the Trade Competition Act B.E. 2560 (2017) are settled and penalized. The draft notification would replace the existing 2019 settlement framework with more detailed procedures, introduce offense-specific methods for fine calculation, and add tiered deterrence multipliers. Comments may be submitted until October 22, 2026. Restructured Settlement Procedures and Timelines The proposed notification formalizes the settlement process with clearer terminology and mandatory procedural steps. Once the TCCT determines that an accused party has committed an offense that does not warrant imprisonment, the commission would fix the settlement fine amount. The accused would have 15 days from receipt of the summons to appear before the TCCT, though this period may be extended if necessary. If the accused confesses, consents to settlement, and pays the fine within the prescribed period, the criminal case would be closed and the settlement recorded. Refusals would also be recorded for further arrangements, and failure to appear, pay, or consent would result in the TCCT forwarding the case file and its recommendation—along with the accused’s fingerprints—to the public prosecutor. Notably, the draft allows accused parties to request settlement even after the TCCT has recommended prosecution but before the public prosecutor files charges, subject to prosecutorial consent. The draft preserves TCCT discretion to decline settlement where the accused has committed more than three prior offenses or where the violation has substantially impaired free and fair competition, directing such cases directly to prosecution. Fine Calculation Frameworks The proposed notification establishes different fine calculation approaches depending on the type of Trade Competition Act violation. For the most serious offenses (such as abusing market dominance, making anticompetitive agreements, or forming hardcore cartels) the

On September 22, 2026, the Trade Competition Commission of Thailand (TCCT) opened a one-month public consultation period on proposed amendments to three key competition regulations, covering (1) the criteria for determining market dominance, (2) the definition of “monopoly” under Thailand’s premerger approval regime, and (3) the definition of a merger that may substantially lessen competition under Thailand’s postmerger notification regime. The public hearing period closes on October 21, 2026. The proposed changes could significantly affect merger filing obligations and the assessment of market dominance under the Trade Competition Act B.E. 2560 (2017) (TCA). The scope of the consultation and the proposed changes are outlined below. Market Dominance Criteria The draft notification on market dominance criteria proposes changes to the tests for both single-firm dominance and collective dominance, which would be measured using concentration ratios, as follows: Single-firm dominance: The proposed changes would lower the market-share threshold from 50% to 33% and the sales-turnover threshold from THB 1 billion to THB 500 million for the preceding year. Collective dominance: The three-firm concentration ratio (CR3) currently being used would be replaced by a two-firm concentration ratio (CR2). Under the new regime, the two largest operators in a relevant market would be considered dominant if their combined market share reached at least 75% in the preceding year. However, any business operator with sales turnover below THB 500 million or a market share below 10% would be excluded from this assessment. In addition to static or numerical thresholds, the proposed notification introduces a dynamic threshold or alternative criteria for assessing dominance in markets that change rapidly, experience short-term fluctuations in demand or supply, or use technology as a platform for conducting business, such as digital markets. Premerger and Postmerger Filing Thresholds Under the TCA, a premerger filing is required if a merger transaction

As part of its membership in Lex Mundi, Tilleke & Gibbins has released the latest edition of its Guide to Doing Business in Thailand, providing an overview of the legal, regulatory, and commercial considerations for companies establishing or expanding operations in Thailand. The 2026 edition offers practical insight into the country’s business environment, investment framework, and operational requirements. The guide covers a wide range of topics relevant to foreign and domestic investors, including: Investment incentives and promotion schemes Financial facilities and banking regulations Exchange controls and money transfers Import and export regulations Business structures and incorporation options Requirements for establishing a business Operational and compliance considerations Business cessation and insolvency procedures Employment and labor laws Taxation Immigration and visa requirements Prepared by Tilleke & Gibbins lawyers across multiple practice areas, the publication outlines key aspects of doing business in Thailand, including foreign investment restrictions, regulatory compliance obligations, corporate structures, employment requirements, and recent legal and economic developments affecting investors. The publication forms part of Lex Mundi’s Country Guides series, a global collection of jurisdiction-specific reference materials prepared by member firms around the world. Together, these guides help companies evaluate opportunities, compare regulatory environments, and plan international business activities across multiple markets. The full Guide to Doing Business in Thailand 2026 is available through the button below.

On July 31, 2026, the Trade Competition Commission of Thailand (TCCT) launched a one-month public consultation period on proposed regulatory guidelines for competition in three business segments: (1) digital platforms; (2) modern trade and credit terms; and (3) ride-hailing and on-demand delivery, including food delivery and mart/quick commerce. At the same time, the TCCT released a market report on ride hailing and on-demand delivery that is likely to influence the guidelines and their interpretation and enforcement. The consultation runs until August 31, 2026. Stakeholders have a limited window to submit practical, evidence-based input that may shape the next phase of Thailand’s regulatory framework for competition. Scope of the Consultation The public consultation targets updating existing guidance in three business sectors that have experienced transformative growth and structural change: Digital platforms: The TCCT has actively monitored this sector in recent years and has coordinated with other regulators, primarily the Electronic Transactions Development Agency (ETDA) and the Ministry of Commerce. In March 2026 the TCCT’s Guidelines on Multi-Sided Platforms and E-Commerce Businesses took effect, and in July the TCCT established a digital platform subcommittee to regulate and prevent unfair trade practices in digital platform businesses. This activity followed a TCCT market report on e-marketplace businesses in September 2025. Modern trade and credit terms: This sector was the focus of the TCCT’s 2019 Guidelines on Unfair Trade Practices between Wholesale and Retail Operators and Manufacturers or Suppliers (widely known as the “Modern Trade Guidelines”) , as well as its 2021 Guidelines on Unfair Trade Practices regarding the Credit Terms under which Small and Medium Enterprises (SMEs) Sell Products or Services to a Purchaser (also known as the “Credit Term Guidelines”), which were amended the following year. Ride-hailing and on-demand delivery (including food delivery and quick commerce): The TCCT published the Guidelines on