Thailand: Implemented Trade Competition Act (B.E. 2560) including competition authority governance

On 5 October 2017, the Trade Competition Act (B.E. 2560) was implemented. The Act replaces the previous Trade Competition Act (B.E. 2542) and introduces exemptions for central, regional, or local administrations, state-owned enterprises, public organisations, farmer groups, cooperatives, and businesses regulated under other sectoral laws. The Act established the Trade Competition Commission, comprising a Chairperson, Deputy Chairperson, and five Commissioners appointed by the Prime Minister. Commissioners are selected based on their expertise and experience and must meet specific qualifications and prohibitions to avoid conflicts of interest. The Commission's duties include regulating business operations, enforcing competition laws, issuing guidelines, investigating complaints, and imposing fines for violations. Furthermore, the Act establishes the Office of Trade Competition Commission as an independent government agency. In particular, the Office's powers and duties include monitoring business practices, receiving complaints, conducting research, managing a competition database, and coordinating with other agencies. The Office is headed by a Secretary-General, who oversees operations and staff. Officers under the Act have the authority to issue subpoenas, conduct searches, and collect evidence. Government officers currently involved in trade competition regulation will continue their duties during the transition period.