Royal Decree on Procedures for Trade Competition Cases B.E. 2562 หรือระเบียบที่กำหนดขั้นตอนการพิจารณาคดีโดย OTCC และการอุทธรณ์ในกระบวนการ
Regulations on Merger Notification under the Trade Competition Act B.E. 2562 ระเบียบที่กำหนดเงื่อนไขและขั้นตอนการแจ้งการควบรวมกิจการ เพื่อพิจารณาผลกระทบต่อการแข่งขัน
“The Trade Competition Act B.E. 2562 sets out prohibitions on anti-competitive agreements, abuse of dominance, and mergers that substantially lessen competition.”
4. Frequently Asked Questions
What is the Trade Competition Act B.E. 2562 and who enforces it?
The Act is the main Thai law prohibiting anti-competitive conduct. The Trade Competition Commission enforces it nationwide, including Bangkok.
How do I know if my Bangkok company violated competition law?
Assess whether actions involve cartels, abuse of market power, or merger effects that lessen competition. A lawyer can review contracts, pricing, and market conduct.
When does a merger require OTCC notification in Bangkok?
The Act requires notifying mergers that may substantially lessen competition. A Bangkok-based deal with local and national market impact typically triggers review.
Where can I file a complaint about anti-competitive behavior?
You may file with the OTCC through its Bangkok office or official online channels. A lawyer helps prepare the complaint with supporting evidence.
Why should I hire a lawyer for a competition investigation?
Legal counsel helps preserve privilege, gathers economic evidence, negotiates with authorities, and plans a defense or settlement strategy tailored to Bangkok procedures.
Can a leniency program reduce penalties in Bangkok?
Leniency may be available for insiders who disclose wrongdoing early. A Bangkok competition counsel can explain eligibility and strategic timing.
Should I prepare a dawn raid risk assessment for my Bangkok office?
Yes. A lawyer can help implement practical preventative steps, document controls, and respond appropriately if OTCC conducts a raid.
Do I need to involve Thai courts for appeal of OTCC decisions?
Often yes. OTCC decisions may be appealed to the Administrative Court or relevant Thai appellate avenues, depending on the case type.
Is the process for cartel investigations in Bangkok lengthy?
Investigations vary by complexity, but formal procedures typically span months to over a year, depending on evidence and remedies requested.
How long does a typical competition case take in Bangkok?
Times vary with case type; routine investigations may conclude within several months, while merger reviews and complex abuses can take longer.
What are typical costs for Bangkok competition law counsel?
Costs depend on case complexity, scope of work, and counsel experience. Discuss upfront retainer, hourly rates, and milestones with your lawyer.
What is the difference between cartel and abuse of dominance under Thai law?
A cartel involves collusive agreements among competitors, while abuse of dominance concerns a firm with market power acting to exclude rivals or exploit customers.
5. Additional Resources
Office of Trade Competition Commission (OTCC) - Primary regulator enforcing competition law in Thailand; provides case handling procedures, guidelines, and updates for firms and individuals. OCCTC Official
Ministry of Commerce (MOC) - Government ministry overseeing competition policy, market regulation, and compliance guidance for businesses operating in Bangkok. MOC Official Site
Royal Thai Official Gazette - Publication for laws, decrees, and regulations, including the Trade Competition Act and related orders. Ratchakitcha Official Gazette
6. Next Steps
Identify the exact issue in Bangkok and gather relevant documents, contracts, pricing records, and communications.
Consult a Bangkok-based competition law attorney to assess risk and strategic options.
Request an initial assessment of whether a merger notification or investigation is involved.
Prepare a case summary and evidence package with the attorney, including market definitions and economic analysis.
Agree on a fee structure and retainer, and set attainable milestones with timelines.
Initiate or respond to OTCC communications, while maintaining privilege and preserving evidence.
Review outcomes and plan next steps, including possible appeals or settlement negotiations.
