Conditions To Pre-Merger Approvals Under The TCA (Thailand)

Background

Since the enactment of the Trade Competition Act of 2017 (the "TCA") and the issuance of the sub-regulations regarding merger control in December 2018, the Thai merger control regime has been strictly enforced by the Trade Competition Commission of Thailand (the "TCC"). The regulated merger which falls under the purview of the TCC may be subject to approval prior to the completion of the merger or the obligation to notify the merger after completion. Unlike merger transactions which trigger the post-merger notification obligation, clearance must be obtained from the TCC before implementation or consummation for merger transactions which require pre-merger approval.