Thailand's new Trade Competition Act B.E. 2560 (2017) (the
"Act") came into effect on 5th October
2017 and affects business operators of all types and sizes.
Antitrust legislation in Thailand under the old Act had been
criticized for being 'a tiger without teeth'; during the
entire 18-year period of the law being in effect, not a single case
had been prosecuted. The new Act is intended to be more effective,
especially in terms of enforceability.
Under the new Act, the following changes have been
introduced:
- Where previously the Office of the
Thai Competition Commission (the "OTCC")
operated under the Thai Ministry of Commerce, the OTCC is now
independent with its own budget, buildings, direction, and
workforce. Measures are now in place to vet OTCC personnel to
ensure that no one has political or business ties. Ex-law
enforcement officers such as police, public prosecutors, and
investigators are also being recruited. It is hoped that this new
structure will
