The following Competition guidance note Produced in partnership with Weerawong, Chinnavat & Peangpanor Ltd provides comprehensive and up to date legal information covering:
A conversation with Panuwat Chalongkuamdee, partner, Parithat Chamnongsilp, associate, and Pitchapa Tiamsuttikarn, associate at Thai law firm Weerawong, Chinnavat & Peangpanor Ltd, on key issues on merger control in Thailand.
The Trade Competition Act B.E. 2560 (2017) (TCA) is the main legislation governing the merger control regime in Thailand.
With effect from 29 December 2018, any merger which meets the requirements under the TCA and the relevant subordinate regulations issued thereunder shall be subject to the merger clearance process as stipulated under the TCA. The application of the TCA also covers state-owned enterprises and public organizations, but exemptions have been provided for duties specified by law or Cabinet resolutions for the enhancement of national security, public benefit or the provision of utilities. The TCA does not apply to certain industries where merger control is already regulated by specific legislation for that industry (ie currently telecommunications, broadcasting and television, insurance, financial and energy sectors). Unlike the TCA, the merger regimes under the specific sectors have been established and developed since the issuance of the respective regulations.
An important point to note in relation to the merger control rules is that
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