In brief
The Trade Competition Commission of Thailand (TCCT) proposes revising the merger control and dominance thresholds, broadening filing obligations and capturing more businesses and transactions.
In more detail
What is being proposed?
Post-merger notification (post-closing filing)
Under the current rules, a merger that may substantially lessen competition is subject to post-closing notification. Currently, a "merger that may substantially lessen competition" is one where the turnover of one party, or the combined turnover of the parties in a market in the previous year, was THB 1 billion or more, provided that the transaction does not result in a monopoly or a dominant market position. In the draft notification, the Trade Competition Commission of Thailand (TCCT) proposes to adjust the threshold for a merger that may substantially lessen competition as follows:
| Current threshold | |
| ≥ THB 1 billion |
≥ THB 500 million |
Pre-merger application (pre-closing filing) and dominance
Under the current rules, a merger that results in a monopoly or dominant business operator requires clearance from the TCCT before the parties can proceed to closing. A business operator that is considered dominant in a market is also subject to the relevant prohibitions under the Trade Competition Act 2017.
In the draft notification, the TCCT proposes the following changes to the dominance threshold:
| Dominance | Criteria | Current threshold |
Proposed threshold |
| Single dominance | Market share |
≥ 50% market share |
≥ 33% market share |
| Turnover |
THB 1 billion turnover |
THB 500 million turnover |
|
| Collective dominance | No. of operators |
Three operators |
Two operators |
| Market share |
≥ 75% market share (combined), provided that the relevant business operator does not have a market share of less than 20% |
≥ 75% market share (combined), provided that the relevant business operator does not have a market share of less than 10% |
|
| Turnover |
≥ THB 1 billion turnover |
≥ THB 500 million turnover |
New framework for dominance in specific markets
Under the current rules, in a dominance assessment, all business operators are subject to the same market share and turnover threshold framework. However, the TCCT has proposed that the market share and turnover criteria not be applied to certain markets with particular characteristics, namely:
- A market involving rapid change
- A market in which demand and supply increase or decrease within a short period
- A market where technology is used as a platform for operations
Instead, business operators in such markets would be assessed based on other relevant factors, without applying the traditional market share and turnover thresholds. These factors include, for example, barriers to entry, buyer power, and regulations determining the market.
Status
The draft has been published for a public hearing. Comments can be submitted through the TCCT's website from today until 21 October 2026.
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Thitapa Haritaworn and Phurich Nuamsawad, Associates, have contributed to this legal update.