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In brief

The Trade Competition Commission of Thailand (TCCT) has published a new guideline on offenses relating to unfair trade practices under section 57 of the Trade Competition Act 2017 (“New Guideline“).

The New Guideline underwent a public hearing in 2021 and has become effective on 19 February 2022. It replaces the first guideline on unfair trade practices which was issued back in 2018.

In depth

The key changes from the 2018 guideline are as set out below.

  • Re-grouping of conducts — The examples of the conducts that could be considered an unfair trade practice under the New Guideline are largely similar to the examples provided under the 2018 guideline. However, the conducts are re-grouped as follows:
Type of conductExamples of prohibited conduct
Unfairly obstructing
other businesses
(without justification)
– Excessive pricing or predatory pricing
– Quantity fixingExclusive dealing
– Preventing other business operators from participating in trade associations or meetings
– Interfering with other business operators
Unfairly imposing trade terms which restrict or obstruct other businesses(without justification)– Discriminatory behaviors
– Requiring other business operators to procure goods or services from itself or a designated business operator, or do business with certain business operators
Abuse of market power or superior bargaining power(without justification)– Requiring other business operators  to purchase or offer other goods or services that are not relevant to their ordinary course of business
– Requiring other business operators to accept certain terms and conditions that differ from the agreement (such as unreasonably adjusting the price of goods)
– Requiring other business operators to provide certain interests to itself or othersImposing unreasonable sales or performance targets
– Refusal to deal
  • Economic Loss — As Section 57 will be triggered if the conduct also causes the other business operator to suffer economic loss, the guideline also provides a few examples of such economic loss. In addition to loss of income, loss of business opportunities and loss of market value which was already provided in the previous guideline, the New Guideline also adds loss of market share and increased costs and expenses to the list. It also elaborates the loss of business opportunities to include loss of opportunity to manufacture, buy or offer goods/services and the loss of opportunity to generally do business with other businesses.
  • Superior Bargaining Power — A de minimis threshold of 10% of the turnover of the business operator is introduced in determining superior bargaining power.

Under the New Guideline, a superior bargaining power of a business operator is presumed if the other business operator (i.e., counterparty) relies on its goods or services (i) for at least 30% of its turnover, or (ii) for at least 10% but less than 30% of its turnover but it cannot or does not have the option to switch to alternative suppliers or switching to other alternatives would incur excessive costs. The turnover here refers to the turnover of the counterparty.


Ampika Kumar is a Partner at the Baker McKenzie Office in Bangkok. She joined Baker McKenzie in February 2002 and is currently active in the Corporate and Commercial and Insurance practice groups. Her areas of expertise include insurance regulatory, corporate restructuring, mergers & acquisitions (both for private limited and public limited companies) and trade competition. Ampika is recognized as a "Band 2" lawyer in the area of Insurance and 'Band 1' in Competition / Antitrust for Thailand by the Chambers Asia Pacific guide.


Pornapa Luengwattanakit currently leads Baker McKenzie’s Corporate & Commercial, Tax, as well as the International Trade, Compliance & Customs practice groups in Thailand. She practices mainly in the areas of corporate restructuring, major projects, mergers and acquisitions and trade competition. Ms. Luengwattanakit joined Baker McKenzie in 1982 and became a partner in 1989.


Jaywon Yi joined Baker McKenzie in 2016. She is active in the Antitrust and Competition, Corporate and M&A, and International Commerce & Trade Practice Groups.


Napasa Cheydet is an Associate in Baker McKenzie Bangkok office.


Thitapa Haritaworn is an Associate in Baker McKenzie Bangkok office.


Natthanit Mallikamal is a Legal Professional in Baker McKenzie, Bangkok office.

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