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Ampika Kumar

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Ampika Kumar is a partner in Baker McKenzie’s Corporate and Commercial and Insurance practice groups. She joined the Firm in February 2002.

Following the public hearing in March 2022, the Trade Competition Commission of Thailand published an amendment to the guideline on fair trade practices relating to credit terms with small and medium enterprises under section 57 (unfair trade practices) of the Competition Act 2017. This is the first amendment after the guideline became effective in December 2021.

In our third episode “Franchise Regulations – What to know about franchising business in Thailand”, our team discusses what it means to operate a franchise and limitations operators may face under competition law.

This series is the latest installment in our YouTube video chats which feature interesting key legal developments across various areas. This video is in Thai.

In our brand new series “Instant Competition”, the Competition team at Baker McKenzie discusses the Thai Trade Competition Act and its impact on business operators across all industries.

In our first episode “Instant Competition Overview: Introduction to Thai Trade Competition Law”, our team discusses competition law and the role of regulator in the competition landscape in Thailand. This is followed by “Instant Competition EP. 2: Thai merger control regulations – what you should know” focusing on merger control regulations under the Thai Trade Competition Act.

This series is the latest installment in our YouTube video chats which feature interesting key legal developments across various areas. This video is in Thai.

Effective from 1 February 2022, the updated post-closing merger notification form requires substantially more information from parties, though the statutory period for submission remains unchanged. The authority’s new guidance on unfair trade practices introduces a de minimis threshold of 10% to the definition of “superior bargaining power”. A draft amendment to the SME Credit Term Guideline proposes changes to the definition of an SME. The TCCT has been conducting a law review and focus-group surveys to assess the efficiency and enforcement of the competition law, the first such mandated assessment since the law came into effect in 2017.

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

The Trade Competition Commission of Thailand published a draft amendment of the Notification of the Trade Competition Commission re: Guideline on Fair Trade Practices relating to Credit Terms with SMEs Offering Goods or Services (or commonly referred to as the SME Credit Term Guideline). This is the first amendment after the guideline became effective in December 2021 and is now open for public hearing.

ESG (Environmental, Social, and Governance) considerations are growing in importance for companies and businesses globally, so much so that we have now arrived at the point where ESG has become one of the key priorities in boardrooms everywhere. Regulations are emerging, the pressure from stakeholders is increasing, and consumers are becoming more conscious of ESG issues, which is influencing their purchasing decisions as noted recently by the Head of Marketing at a Thai consumer goods company, “Consumers increasingly want to purchase products from organizations that are good at achieving their ESG goals

The Office of the Trade Competition Commission (OTCC) has recently opened a public hearing on the draft new unfair trade practice (section 57) guideline which will replace the current guideline once it becomes effective. The draft new guideline revises certain defined terms and provides more details on acts that may constitute an offense under section 57 of the Competition Act.

Draft guideline on unfair trade practices for food delivery platform operators
OTCC announced amendments to the Unfair Guideline for Franchise

OTCC has completed a public consultation on its draft guidelines on unfair trade practices for food delivery platform operators. Further amendments to the OTCC’s guidance for franchise businesses clarify details of “fair practice” if a franchisor wishes to open another franchise outlet in the same locality as existing franchisees.

This update was published on 16 October 2020 as part of our quarterly newsletter, Asia Pacific Competition Highlights. Click here to access the full report, which covers the most notable antitrust developments across 11 Asia Pacific jurisdictions.