In brief
The Trade Competition Commission of Thailand (TCCT) has published a guideline on the assessment of conducts of multi-sided platforms trading goods or services under Thai competition law ("Guideline") in the Royal Gazette, which came into effect on 25 March 2026.
Key takeaways:
- A wide range of platforms may fall within the scope of the Guideline, given the broad definition of "e-commerce platform."
- The Guideline addresses not only conduct that may constitute unfair trade practices but also conduct that may amount to anti-competitive agreements, both between e-commerce platforms and between an e-commerce platform and its trading partners.
- The Guideline adopts an approach to assessing unfair trade practices that is different from the assessment framework under the other guidelines of the TCCT.
In more detail
Definition of e-commerce platform
The Guideline defines "e-commerce platform" as a service platform that acts as an intermediary for the sale, purchase, or exchange of goods or services, including any actions facilitating transactions or interactions through electronic transaction systems, whether or not service fees are charged.
Based on this definition, the scope of the Guideline can extend beyond traditional goods‑based digital marketplaces.
Conducts covered by the Guideline
The Guideline provides list of conduct which may constitute:
- Unfair trade practices of an e-commerce platform.
- Anti-competitive agreements between e-commerce platforms, and between an e-commerce platform and its trading partners.
The Guideline provides examples of types of conduct that may be considered unfair or anti‑competitive, distinguishing between price‑related and non‑price‑related conduct, as outlined below.
| Price behavior |
Non-price behavior |
| Price below cost |
Self-preferencing |
| Rate parity | Visibility reduction |
| Resale price maintenance |
Default settings (carriers and payment channels) |
| Excessive pricing |
Requiring participation in promotional campaigns |
| Parallel pricing |
Coercion to purchase |
| Excessive pricing |
Banning accounts or delisting |
| Parallel pricing |
Tying and bundling |
| Undue influence on price |
Anti-competitive use of third-party data |
| Price discrimination |
Limiting choice of carriers |
| Predatory pricing |
Discrimination |
Assessment of unfairness
The Guideline also sets out a number of factors for the unfairness assessment. Should a platform's conduct satisfy any of these factors, it will not be considered unfair or unreasonable. These factors differ from those provided for the unfair assessment under other guidelines issued by the TCCT, such as the unfair trade practice guideline. Additionally, unlike other guidelines issued by the TCCT , the Guideline states that satisfaction of any one factor will be sufficient to demonstrate that the conduct is not unfair.
The consideration factors are:
- Whether the conduct is reasonable from an economic, business or technological perspective.
- Whether the conduct is consistent with the commercial practices or customs in the relevant market, or reflects conduct that like businesses or similarly situated businesses may implement to foster or maintain competition.
- Whether the conduct does not substantially affect competition in the market, does not unduly restrict, distort or exclude competition, and does not create undue burden on other business operators.
The Guideline also notes that other relevant factors, including the nature of the contractual relationship and other restrictions under the law, may also be considered.
Summary
The Guideline highlights the TCCT's increased scrutiny of digital and platform‑based business models. Business operators should assess whether their platforms fall within scope, review key commercial practices and contractual arrangements for potential competition‑law risks, and ensure that any potentially restrictive conduct can be objectively justified, for example, on economic, business, or technological grounds. Proactive compliance reviews and ongoing monitoring of enforcement trends will be important to mitigate regulatory and enforcement risk under Thai competition law.
* * * * *
Thitapa Haritaworn, Chakrit Tatong, Karnchanok Kochakeeree, and Chantajutha Ladavalya Na Ayudhya, Associates, have contributed to this legal update.