In brief
The dominance threshold under Thai competition law has just been amended. Business operators with a market share of less than 20% will no longer be considered dominant under the Thai Trade Competition Act.
In more detail
The Thai competition regulator, the Trade Competition Commission of Thailand (TCCT), issued a new notification on the dominance threshold, which took effect on 17 December 2025. This notification replaces the previous notification issued by the TCCT in 2020.
Under the new notification, a business operator will be considered to have a dominant position in the relevant market if:
- Turnover — In the previous year, the business operator had a turnover of THB 1 billion or more in the relevant market.
- Market share — In the previous year, the business operator either:
- Had a market share of 50% or more in that market
- Was one of the top three business operators in the relevant market, where the combined market share of the top three operators was 75% or more, provided that the business operator had a market share of at least 20%. The dominance thresholds under Thai competition law apply to the assessment of both abuse of dominance and merger control.
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Thitapa Haritaworn and Natithon Chaiphaeo, Associates, have contributed to this legal update.
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