The Comparative Study of Thai and European Merger Control Regulations – Current status and Prospect Revision

Abstract

As in many countries around the world, Thailand experiences a growth in merger and acquisition activities, both in the number of deals and volume of deals. Since these activities can lead to anti-competitive consequences, the merger control has to be conducted. This article aims to compare the position of Trade Competition Act (TCA), which is used a framework for merger control in Thailand and the European merger control regulation. Some weakness in TCA are identified, namely the regulations were not instantly enforceable, because the minimum thresholds have not yet been issued, neither the notifications regarding pre-merger filings. And there is a lack of notifications or guidelines for the merger of businesses approval process. Nevertheless, the ministry of commerce plans to revise the TCA by issuing notifications pursuant to Art. 26 and makes the merger control regulation actively enforce. The revision will directly affect the prospect big deals. But the conduct of merger control will prevent the harmful effects on competition and it will benefit all stakeholders in the market.