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.
Hard-core Cartel / Bid-Rigging in Thailand
Agreements between competitors to fix prices, restrict output, share markets, or rig bids are treated as the most serious ('hard-core') competition violations and carry criminal penalties.
Trade Competition Act B.E. 2560 (2017), Sections 54 and 72
Criminal penalties including imprisonment and a fine calculated by reference to the turnover of the year in which the offence was committed
severe
Definition
Agreements between competitors to fix prices, restrict output, share markets, or rig bids are treated as the most serious ('hard-core') competition violations and carry criminal penalties. Under Thai law, this offence is classified as a severe offence within the category of Competition & Antitrust.
Legal Basis
Trade Competition Act B.E. 2560 (2017), Sections 54 and 72
Primary legislative provision for hard-core cartel / bid-rigging offences.
Elements of the Offence
For a conviction, the prosecution must prove all of the following elements beyond reasonable doubt:
An agreement or concerted practice between competitors (horizontal)
The purpose or effect is to fix prices, limit supply, allocate markets, or collude on bids
Penalties
Maximum Penalty
Criminal penalties including imprisonment and a fine calculated by reference to the turnover of the year in which the offence was committed
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:
No agreement or concerted practice existed (independent conduct)
The arrangement falls within a permitted exemption or block exemption
Note: The availability of defences depends on specific facts. Professional legal advice is essential.
For Foreigners
Special Considerations for Foreign Nationals
Applies to any business operating in the Thai market, including foreign-owned companies and their local subsidiaries. Compliance programmes and careful handling of competitor contacts and tenders are essential.
When Legal Representation Matters
If you are accused of hard-core cartel / bid-rigging 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.
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