Comparative Guides

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4. Results: Answers
Merger Control
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

Answer ... For mergers which may substantially reduce competition (for which notification must be submitted within seven days of the date of the merger), a maximum fine of THB 200,000 plus a maximum daily fine of THB 10,000 may be imposed on the relevant parties.

For mergers which may result in a monopoly or the creation of a dominant market position (for which advance approval is required), a maximum fine of 0.5% of the value of the merger transaction may be imposed on the relevant parties.

As the merger control regime is still very new in Thailand, we have no information on the frequency of sanctions imposed by the authority.

For more information about this answer please contact: Wayu Suthisarnsuntorn from Pisut & Partners
7.2
If there is a suspensory obligation, what sanctions may be imposed if the transaction closes while the review is ongoing?
Thailand

Answer ... For mergers which may result in a monopoly or the creation of a dominant market position (for which advance approval is required), a maximum fine of 0.5% of the value of the merger transaction may be imposed on the relevant parties if they close the transaction before approval is granted.

For more information about this answer please contact: Wayu Suthisarnsuntorn from Pisut & Partners
7.3
How is compliance with conditions of approval and sanctions monitored? What sanctions may be imposed for failure to comply?
Thailand

Answer ... As the merger control regime in Thailand is still very new, it is unclear how compliance with merger approval conditions will be monitored. In the worst-case scenario of non-compliance with such conditions, the Trade Competition Commission may revoke the approval that it previously granted and order the relevant parties to unwind the merger – although there are still a lot of questions about how this would actually work in practice.

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