The new guidelines under the Trade Competition Act of 2017 took effect on Wednesday (Mar 25) following their publication in the Royal Gazette on Tuesday, reports the Bangkok Post.
The rules target platforms spanning e-marketplaces and social commerce, including Shopee, Lazada and TikTok Shop, where powerful network effects have concentrated control across sellers, payments and logistics.
Visanu Vongsinsirikul, secretary-general of the Trade Competition Commission of Thailand, said the guidelines will clarify which practices are deemed monopolistic behaviour.
The framework intends to rein in platform leverage, tightening oversight of commission fees and dismantling restrictions that limit sellers’ choice of logistics providers.
By addressing these structural imbalances, regulators aim to dilute platform dominance, unlock competition in logistics and create a more level playing field across Thailand’s B1.15-trillion digital commerce market.
The guidelines include a detailed list of prohibited conduct, covering both pricing and non-pricing practices that could distort competition.
The rules cover predatory pricing, resale price maintenance and price parity clauses, alongside fees imposed by platforms such as commission charges, advertising fees, logistics or pick-up fees, promotional fees and payment processing fees. These charges may be deemed problematic if they are excessive, discriminatory or lack clear justification.
In terms of non-price restrictions, platform operators are cautioned against practices such as favouring their own products or services (self-preferencing), reducing the visibility of certain sellers, or imposing conditions that force business users to rely on in-house services such as logistics, advertising or payment systems.
Restrictions that limit sellers’ ability to operate across multiple platforms, as well as actions such as unjustified delisting or refusal to deal, are also covered.
In addition, the regulation addresses the growing influence of algorithms and data in shaping online markets. Systems used for ranking, pricing and service allocation may come under scrutiny if they lead to discriminatory outcomes, unfair prioritisation, or the misuse of third-party data to gain a competitive advantage.
The rules adopt a broad enforcement approach, stating that any conduct resulting in restricted competition, unfair advantage or market distortion may be considered anti-competitive, even if not explicitly listed.
While the guidelines do not specify penalties, violations are covered by the Trade Competition Act, signalling stricter oversight of platform operators and their business practices.
The penalties are based on Sections 50, 54, 55 and 57 of the law, with penalties divided into criminal and administrative sanctions depending on the severity and nature of the violation.
Violations of Sections 50 and 54 are subject to criminal penalties. Section 50 covers the abuse of a dominant market position, and Section 54 covers cartels or agreements that monopolise or reduce competition.