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.

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4. Results: Answers
Merger Control
4.
Review process
4.1
What is the review process and what is the timetable for that process?
Thailand

Answer ... Upon receipt of an application (a request for approval), all required supporting documents and the filing fee from the applicant, the Office of the Trade Competition Commission (TCC) will forward the documents to the TCC within seven days.

The TCC has a general timeframe of 90 days to complete its review and approve or reject the proposed merger. Additional information and documents may be requested from the applicant and other parties by the TCC.

If necessary, the TCC’s review timeframe may be extended for an additional period of not more than 15 days.

The Office of the TCC will inform the applicant within seven days from the date of the TCC’s decision.

For more information about this answer please contact: Wayu Suthisarnsuntorn from Pisut & Partners
4.2
Are there any formal or informal ways of accelerating the timetable for review? Can the authority suspend the timetable for review?
Thailand

Answer ... No.

For more information about this answer please contact: Wayu Suthisarnsuntorn from Pisut & Partners
4.3
Is there a simplified review process? If so, in what circumstances will it apply?
Thailand

Answer ... No.

For more information about this answer please contact: Wayu Suthisarnsuntorn from Pisut & Partners
4.4
To what extent will the authority cooperate with its counterparts in other jurisdictions during the review process?
Thailand

Answer ... It is expressly stated in the Trade Competition Act that the TCC shall exchange information and cooperate with its counterparts in other jurisdictions. However, the extent of such cooperation in reality is still unclear, as the merger control regime is still very new in Thailand.

For more information about this answer please contact: Wayu Suthisarnsuntorn from Pisut & Partners
4.5
What information-gathering powers does the authority have during the review process?
Thailand

Answer ... The TCC may request additional information and documents from the applicant and other parties as it sees fit.

For more information about this answer please contact: Wayu Suthisarnsuntorn from Pisut & Partners
4.6
Is there an opportunity for third parties to participate in the review process?
Thailand

Answer ... Yes.

For more information about this answer please contact: Wayu Suthisarnsuntorn from Pisut & Partners
4.7
In cross-border transactions, is a local carve-out possible to avoid delaying closing while the review is ongoing?
Thailand

Answer ... Conceptually yes, but this largely depends on the actual circumstances.

For more information about this answer please contact: Wayu Suthisarnsuntorn from Pisut & Partners
4.8
What substantive test will the authority apply in reviewing the transaction? Does this test vary depending on sector?
Thailand

Answer ... The three main points that the TCC will take into account are as follows:

  • business necessities;
  • impact on the economy; and
  • impact on consumers in general.

For more information about this answer please contact: Wayu Suthisarnsuntorn from Pisut & Partners
4.9
Does a different substantive test apply to joint ventures?
Thailand

Answer ... No.

For more information about this answer please contact: Wayu Suthisarnsuntorn from Pisut & Partners
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

Answer ... It is still unclear whether non-competition related issues will also be considered (as the merger control regime in Thailand is still very new), but the answer is possibly yes.

For more information about this answer please contact: Wayu Suthisarnsuntorn from Pisut & Partners
Contributors
Topic
Merger Control