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Thailand’s Trade Competition Commission Seeks Feedback on Proposed Amendments in Pre-Consultation Phase
Following the Announcement Concerning the Criteria and Procedures for Submitting a Request for a Prior Decision (“Pre- Consultation Announcement”), which has been in effect since 2018, the Trade Competition Commission of Thailand (“TCCT”) has released the draft amendments to its Announcement Concerning the Criteria and Procedures for Submitting a Request for a Prior Decision (“Draft Amendments”). The public hearing on the Draft Amendments will take place from 4 February to 5 March 2026.
The Draft Amendments, which include the following key revisions, were proposed to enhance suitability and efficiency.
- Request may be submitted in person or through an attorney-in-fact at the TCCT or through an electronic channel by the TCCT, enabling officials to offer consultations or recommendations to applicants when deemed appropriate.
- Removing the phrase “according to the procedure,” as the process for submitting a request for a prior decision under the Pre- Consultation Announcement is not considered a procedural step.
- Revising the title of the Chairperson of the Trade Competition Commission.
- Amending the notification period for informing the applicant of the reasons and necessity for not being able to complete the prior decision within the prescribed timeframe. Instead of notifying the applicant at least 15 days prior to expiration of the 60-day period for issuing a prior decision, the notification will now be given within 7 days after the 60-day period has lapsed. The notification will specify the reasons and necessity for the delay and indicate the new expected date for completion of the prior decision.
- Revoking the right to request a refund of fees where the applicant no longer wishes to obtain a prior decision, if the Commission is unable to provide a prior decision within the prescribed timeframe.
The Draft Amendments have important legal implications for applicants and the regulatory process. They may increase participation, reduce delays, and lower the risk of procedural challenges related to accessing the Commission. However, the changes could affect applicants' ability to plan for delays, thereby impacting their rights or interests. While the changes are designed to discourage frivolous requests, they might be seen as unfair if delays are not the applicant's fault.
Applicants also should consider the risks of non-refundable fees when seeking preliminary decisions. Stakeholders should review the implications carefully, particularly with regard to notification timelines and fee refund policies, to ensure compliance and to assess the risks associated with making requests for prior decisions under the revised regime.
This article is intended merely to provide a regulatory overview, is not comprehensive, and is not intended to constitute legal advice. Should you have any questions on this or on any other areas of law, please do not hesitate to contact:
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Siriwan joined the Corporate & Commercial Practice Group in May 2016. Prior to joining our firm, she accumulated 10 years of experience in the legal industry. She began her career as a litigation trainee at a well-known bank in Thailand, before making the transition to law firm work, where she specialized in intellectual property (IP) and corporate law.
Siriwan provides ongoing advice to a range of domestic and international clients (corporate and individual) on the complex legal requirements governing limited companies and public enterprises. She also advises publicly listed companies on compliance with the regulations establish by the Stock Exchange of Thailand and the Securities and Exchange Commission. Her expertise encompasses tender offers, acquisition and disposal of assets, corporate governance, and commercial and contractual transactions as well as disputes. She also performs comprehensive legal due diligence, assists with complex mergers and acquisitions, and advises clients on investment law and compliance issues, including document drafting and negotiations.
She handles the competition/antitrust matters for our Thailand office, and is recognized as a pioneer in this practice area in Thailand, for which the relevant legislative framework entered into effect in 2020 (with a potential amendment currently under consideration). She advises on trade competition, including abuse of dominant position, mergers and acquisitions, unfair trade practices, cartels, and unreasonable agreements with offshore business operators.
Siriwan is a distinguished speaker on antitrust, competition, and commercial contracts, and serves as a part-time lecturer at the University in Thailand, where her courses focus on contract drafting and negotiation.
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With more than forty years of experience, Chavalit is highly regarded as a leading figure in Thailand. His areas of specialization include dispute resolution, intellectual property, TMT and e-commerce, as well as M&A, foreign investment and corporate law. His extensive experience also includes advising on trade competition, corporate recovery and business reorganization. In particular, Chavalit is renowned in the areas of dispute resolution and intellectual property. He was selected as a Litigation Star by Benchmark Litigation Thailand 2021 and is ranked as a leading individual for intellectual property in Thailand by Chambers Asia-Pacific 2021.