Educational Information Only
The content on this page is for general educational purposes and does not constitute legal advice. Every legal situation is unique. For matters involving investigation, arrest, litigation, or formal proceedings, consult a qualified legal professional.
Abuse of Market Dominance in Thailand
A business with market dominance must not abuse that position — for example by imposing unfair prices or conditions, restricting supply without justification, or foreclosing competitors.
Trade Competition Act B.E. 2560 (2017), Section 50
Administrative fine of up to 10% of the turnover in the year of the violation (higher/criminal exposure for aggravated conduct)
serious
Definition
A business with market dominance must not abuse that position — for example by imposing unfair prices or conditions, restricting supply without justification, or foreclosing competitors. Under Thai law, this offence is classified as a serious offence within the category of Competition & Antitrust.
Legal Basis
Trade Competition Act B.E. 2560 (2017), Section 50
Primary legislative provision for abuse of market dominance offences.
Elements of the Offence
For a conviction, the prosecution must prove all of the following elements beyond reasonable doubt:
The business holds a dominant position in the relevant market
It engages in conduct that unfairly exploits or entrenches that dominance
Penalties
Maximum Penalty
Administrative fine of up to 10% of the turnover in the year of the violation (higher/criminal exposure for aggravated conduct)
Actual sentences depend on factors including the severity of the conduct, harm caused, prior convictions, and mitigating circumstances. Courts have discretion to impose lesser sentences within the statutory range.
Possible Defences
The following defences may be available depending on the circumstances:
The business is not dominant in the relevant market
The conduct has an objective business justification and is proportionate
Note: The availability of defences depends on specific facts. Professional legal advice is essential.
For Foreigners
Special Considerations for Foreign Nationals
Dominance is assessed on Thai market share and turnover thresholds set by the OTCC; multinational groups should assess their Thai-market position before adopting pricing or distribution restrictions.
When Legal Representation Matters
If you are accused of abuse of market dominance or facing investigation, immediate legal representation is essential to protect your rights and build an effective defence.
Anglo Siam Legal provides experienced legal services across Thailand for both Thai nationals and foreigners.
feedback.wasThisHelpful