Wise Client Alert - Thailand’s Competition Law Amendments: Digital Platforms Urged to Review Practices Now

Public Hearing on Trade Competition Act Amendment and Digital Platform Guideline: Implications for E-Commerce Operators

The Trade Competition Commission of Thailand (the “TCCT”) has announced a public hearing on the Draft Amendment to the Trade Competition Act (the “Act”) and the Draft Guideline on Unfair Trade Practices in Digital Platforms (the “Guideline”).

Key proposed amendments to the Act include:

1. Extended jurisdiction – The Act will also apply to any conduct that takes place outside Thailand if it produces effects in Thailand.
2. Extraterritorial application to business operators – A “business operator” will include persons outside Thailand whose conduct directly affects, or may affect, the Thai market.
3. New definition of “distribution” – “Distribution” will cover the sale, transfer, trade, gift, or any other act of providing goods or services to end-users, with or without consideration.
4. Commitment mechanism –  One of the most significant proposed amendments introduces a commitment process. During a fact-finding or investigation into a potential violation of the Act, a business operator may propose binding commitments to remedy or prevent the anti-competitive effects arising from its conduct. If the TCCT considers that the commitments sufficiently address the identified concerns, it may issue a decision making such commitments legally binding on the operator. Once the commitments are signed by both the operator and the TCCT, the investigation will be terminated. The procedures, requirements, and conditions for commitment decisions will be further prescribed by the TCCT.
5. Competent court – Cases concerning violations of the Act, including the imposition of administrative fines, will be centralized under the jurisdiction of the Intellectual Property and International Trade Court, rather than the Administrative Court.
6. Selection of Trade Competition Commissioners – The composition of the selection committee will be expanded to include the Chief Judge of the Central Intellectual Property and International Trade Court and the Secretary of the Ministry of Digital Economy and Society as part of the process to nominate Trade Competition Commissioners.

The proposed amendment reflects the growing recognition that technological innovation and the digital economy have transformed how businesses operate, often across borders. Many digital platforms and online business models can exert significant influence on the Thai market despite being based outside the country. By expanding jurisdiction and clarifying the scope of “business operators” and “distribution,” the amendment seeks to ensure that the Act remains effective in addressing cross-border conduct. In addition, the proposed amendments centralize jurisdiction for competition cases with the Intellectual Property and International Trade Court, and broaden the composition of the selection committee for Trade Competition Commissioners to include the Secretary of the Ministry of Digital Economy and Society, reflecting the growing role of digital markets in competition policy. This approach is closely linked to the draft Guideline, which provides a framework to regulate emerging practices unique to digital markets and safeguard fair competition for Thai consumers and businesses.

The draft Guideline focuses on multi-sided platforms, which are digital platforms that connect users for the sale of goods or services—commonly known as e-commerce platforms. It aims to set out practices specific to multi-sided platforms that may constitute coercion, imposition of restrictive conditions, discrimination, undue preference, collusion, or any other conduct that creates a monopoly, lessens competition, or restricts competition in business operations.

The draft Guideline further classifies the conduct of digital platform operators into price-related and non-price-related behaviors, providing a clearer framework for assessing whether such conduct results in monopoly, lessens competition, or otherwise restricts competition.

Price-related behaviors include practices such as:

1. predatory pricing (setting prices below cost);
2. requiring sellers to maintain uniform prices across all platforms, and prohibiting them from offering lower prices on other e-commerce platforms;
3. imposing resale price maintenance with the threat of refusal to deal if not complied with;
4. charging arbitrary commission fees; and
5. unreasonably manipulating product rankings through algorithms.

Non-price-related behaviors cover practices such as:

1. restricting the visibility of sellers’ goods or services;
2. forcing the use of designated logistics, payment, advertising, or promotional services;
3. prohibiting sales of goods or services on other e-commerce platforms;
4. applying discriminatory product or service rankings among sellers offering the same goods or services;
5. granting preferential access to data to the platform operator’s affiliated companies; and
6. engaging in cartel-like conduct between digital platform operators.

In assessing whether such conduct is unfair or unreasonable, the following factors will be considered:

1. whether the conduct cannot be justified by economic, business, or marketing rationale, or by commercial dynamics, economic considerations, or technological advancement;
2. whether the conduct is unprecedented and not in line with customary or ordinary business practices; and
3. other relevant factors.

The public hearing for the draft Guideline will remain open until 18 September 2025, while the hearing for the draft amendment to the Act will close on 24 September 2025. Following the consultation process, the TCCT is expected to revise the drafts by taking into account comments and feedback received during the hearings before moving forward with the legislative and regulatory process.

The draft amendment to the Act and the draft Guideline demonstrate the TCCT’s intention to strengthen oversight of market-leading e-commerce platforms, whose cross-border and digital business models differ from traditional operators. As both drafts remain subject to public hearings and potential revisions, the final framework may change. Nevertheless, the direction is clear that the TCCT aims to introduce rules specifically tailored to digital platforms. Business operators, particularly those engaging with or operating such platforms, should closely monitor these developments and begin reviewing their practices to ensure readiness and compliance once the new measures are finalized.