On 11 October 2016, the Cabinet approved the draft Trade Competition Act B.E. ... (the New Act). As we reported in our e-Bulletin titled Ground-breaking Antitrust Reform in Thailand, published 30 May 2016, the New Act contemplates, inter alia, establishing an independent regulatory body, lifting the exception to state-owned enterprises, clarifying the rules on cartels and other anti-competitive arrangements, streamlining the application of abuses of dominance, creating a post-closing merger control regime, and introducing administrative sanctions. These changes will transform Thai competition rules and better align it with international peers.

Where is the New Act now?

After the New Act was commented on and passed by the Council of State in mid-2016, it was approved by the Cabinet on 11 October 2016. It is now under review by the National Legislative Assembly and, if approved, will come into force 90 days after being published in the Government Gazette. The Office of the Trade Competition Commission (OTCC) commented that the government is aiming to push for the New Act to come into force by May 2017. Please note that the Key Changes set out below remain subject to further amendments by the National Legislative Assembly, in which case the above mentioned timeline may also be pushed back.