New Guidelines on Unfair Trade Practices

The unfair trade practices language in Section 57 of Thailand’s Trade Competition Act B.E. 2560 (2017) (the “Act“) serves as a catch-all provision prohibiting practices which are unfair and cause damage to other business operators, regardless of whether the business operator is market dominant or not. With effect from 19 February 2022, the Trade Competition Commission has issued a new notification prescribing guidelines on the consideration of unfair trade practices in respect of acts causing damage to other business operators (“Guidelines“), repealing and replacing a 2018 notification.

Business operators should be mindful of risk areas under Section 57 of the Act as they may be unaware of the Act’s application to non-dominant operators. The Guidelines provide some guidance in this regard, as well as guidance on steps which can be taken to review the defensibility of business practices such as trade programs. This Update highlights some of the key elements of the Guidelines.