Comparative Guides
Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.
Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.
Start by selecting your Topic of interest below. Then choose your Regions and finally refine the exact Subjects you are seeking clarity on to view detailed analysis provided by our carefully selected internationally recognised experts.
Results: 4 Answers
Merger Control
1.
Legal and enforcement framework
1.1
Which legislative and regulatory provisions govern merger control in your jurisdiction?
 
Thailand
No answer submitted for this question.
1.2
Do any special regimes apply in specific sectors (eg, national security, essential public services)?
 
Thailand
No answer submitted for this question.
1.3
Which body is responsible for enforcing the merger control regime? What powers does it have?
 
Thailand
No answer submitted for this question.
2.
Definitions and scope of application
2.1
What types of transactions are subject to the merger control regime?
 
Thailand
No answer submitted for this question.
2.2
How is ‘control’ defined in the applicable laws and regulations?
 
Thailand
No answer submitted for this question.
2.3
Is the acquisition of minority interests covered by the merger control regime, and if so, in what circumstances?
 
Thailand
No answer submitted for this question.
2.4
Are joint ventures covered by the merger control regime, and if so, in what circumstances?
 
Thailand
No answer submitted for this question.
2.5
Are foreign-to-foreign transactions covered by the merger control regime, and if so, in what circumstances?
 
Thailand
No answer submitted for this question.
2.6
What are the jurisdictional thresholds that trigger the obligation to notify? How are these thresholds calculated?
 
Thailand
No answer submitted for this question.
2.7
Are any types of transactions exempt from the merger control regime?
 
Thailand
No answer submitted for this question.
3.
Notification
3.1
Is notification voluntary or mandatory? If mandatory, are there any exceptions where notification is not required?
 
Thailand
No answer submitted for this question.
3.2
Is there an opportunity or requirement to discuss a planned transaction with the authority, informally and in confidence, in advance of formal notification?
 
Thailand
No answer submitted for this question.
3.3
Who is responsible for filing the notification?
 
Thailand
No answer submitted for this question.
3.4
Are there any filing fees, and if so, what are they?
 
Thailand
No answer submitted for this question.
3.5
What information must be provided in the notification? What supporting documents must be provided?
 
Thailand
No answer submitted for this question.
3.6
Is there a deadline for filing the notification?
 
Thailand
No answer submitted for this question.
3.7
Can a transaction be notified prior to signing a definitive agreement?
 
Thailand
No answer submitted for this question.
3.8
Are the parties required to delay closing of the transaction until clearance is granted?
 
Thailand
No answer submitted for this question.
3.9
Will the notification be publicly announced by the authority? If so, how will commercially sensitive information be protected?
 
Thailand
No answer submitted for this question.
4.
Review process
4.1
What is the review process and what is the timetable for that process?
 
Thailand
No answer submitted for this question.
4.2
Are there any formal or informal ways of accelerating the timetable for review? Can the authority suspend the timetable for review?
 
Thailand
No answer submitted for this question.
4.3
Is there a simplified review process? If so, in what circumstances will it apply?
 
Thailand
No answer submitted for this question.
4.4
To what extent will the authority cooperate with its counterparts in other jurisdictions during the review process?
 
Thailand
No answer submitted for this question.
4.5
What information-gathering powers does the authority have during the review process?
 
Thailand
No answer submitted for this question.
4.6
Is there an opportunity for third parties to participate in the review process?
 
Thailand
No answer submitted for this question.
4.7
In cross-border transactions, is a local carve-out possible to avoid delaying closing while the review is ongoing?
 
Thailand
No answer submitted for this question.
4.8
What substantive test will the authority apply in reviewing the transaction? Does this test vary depending on sector?
 
Thailand
No answer submitted for this question.
4.9
Does a different substantive test apply to joint ventures?
 
Thailand
No answer submitted for this question.
4.10
What theories of harm will the authority consider when reviewing the transaction? Will the authority consider any non-competition related issues (eg, labour or social issues)?
 
Thailand
No answer submitted for this question.
5.
Remedies
5.1
Can the parties negotiate remedies to address any competition concerns identified? If so, what types of remedies may be accepted?
 
Thailand
No answer submitted for this question.
5.2
What are the procedural steps for negotiating and submitting remedies? Can remedies be proposed at any time throughout the review process?
 
Thailand
No answer submitted for this question.
5.3
To what extent have remedies been imposed in foreign-to-foreign transactions?
 
Thailand
No answer submitted for this question.
6.
Appeal
6.1
Can the parties appeal the authority’s decision? If so, which decisions of the authority can be appealed (eg, all decisions or just the final decision) and what sort of appeal will the reviewing court or tribunal conduct (eg, will it be limited to errors of law or will it conduct a full review of all facts and evidence)?
 
Thailand
No answer submitted for this question.
6.2
Can third parties appeal the authority’s decision, and if so, in what circumstances?
 
Thailand
No answer submitted for this question.
7.
Penalties and sanctions
7.1
If notification is mandatory, what sanctions may be imposed for failure to notify? In practice, does the relevant authority frequently impose sanctions for failure to notify?
 
Thailand
No answer submitted for this question.
7.2
If there is a suspensory obligation, what sanctions may be imposed if the transaction closes while the review is ongoing?
 
Thailand
No answer submitted for this question.
7.3
How is compliance with conditions of approval and sanctions monitored? What sanctions may be imposed for failure to comply?
 
Thailand
No answer submitted for this question.
8.
Trends and predictions
8.1
How would you describe the current merger control landscape and prevailing trends in your jurisdiction? Are any new developments anticipated in the next 12 months, including any proposed legislative reforms?
 
Thailand
No answer submitted for this question.
9.
Tips and traps
9.1
What are your top tips for smooth merger clearance and what potential sticking points would you highlight?
 
Thailand
No answer submitted for this question.