*Please note that this newsletter is for informational purposes only and does not constitute legal advice. In addition, it is based on information as of its date of publication and does not reflect information after such date. In particular, please also note that preliminary reports in this newsletter may differ from current interpretations and practice depending on the nature of the report.
Introduction
On 24 March 2026, the Trade Competition Commission officially published in the Royal Gazette a new notification prescribing guidelines for considering unfair trade practices and anti-competitive conduct in multi-sided platform businesses for e-commerce (the “E-Commerce Guideline”) which became effective on 25 March 2026. This guideline is a subordinate regulation issued under the Trade Competition Act of 2017 (the “TCA”).
This E-Commerce Guideline addresses the growing complexity of multi-sided digital platforms and their extensive network effects by regulating business conduct and transactions between platform operators and other business operators, including sellers, delivery service providers, digital media advertisers, and payment channels to ensure fair competition and to prohibit anti-competitive practices.
Key Takeaways from the E-Commerce Guideline
The key takeaways of the E-Commerce Guideline are as follows:
I. Regulated Business Operator
The E-commerce Guideline primarily regulates “Operators of Digital Platforms for Purchasing Goods or Services” (“Digital Platform Operators”), which refers to a digital platform service provider that acts as an intermediary to facilitate the distribution of goods or services. This includes any actions taken to enable transactions or interactions through electronic systems by receiving orders for goods or services transacted electronically, whether in the form of an e-Marketplace, social-marketplace or any other format that links the purchase orders of business operators through an electronic system.
II. Prohibited Conduct
According to the E-Commerce Guideline, the following conduct of Digital Platform Operators which result in a monopoly or the reduction or restriction of competition may be considered prohibited conduct:
A. Price Behavior
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Imposing certain requirements regarding the price of goods or services:
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Price below cost: requiring the price of goods or services to be set lower than the average total cost;
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Rate parity clause: requiring that prices for goods or services be equal across all distribution channels, or prohibiting the setting of prices on other digital e-commerce platforms at a rate lower than those on their own platform; and
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Resale price maintenance: requiring goods or services to be sold at a fixed price, otherwise such business operator will be refused on the platform.
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Collecting unreasonable fees (e.g., commission fees, advertising or affiliate ad fees, logistics or pickup fees, promotion fees or payment fees), expenses, and any other benefits, such as:
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Excessive pricing: setting unreasonably high rates compared to previously collected rates;
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Parallel pricing: setting a rate matching the rates of competitors, whereby the mutual awareness of business operators that have acted jointly may be determined or proven by facts, even if there is no explicit agreement or evidence showing such joint action;
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Price below cost: setting a rate lower than the average cost;
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Predatory pricing and recoupment: setting a rate lower than the average with the intent to drive competitors out of the market and subsequently increasing fees, expenses, or other benefits to compensate for previous losses and maximize long-term profits;
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Price discrimination: setting different rates between business operators selling the same goods or services without justifiable reason; and
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Undue burden without justifiable reason: collecting fees, expenses or any other benefits that impose an undue burden without justifiable reason or without providing appropriate advance notice.
B. Non-price Behavior
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Reducing visibility: using an algorithm to obstruct the visibility of the goods or services of a seller in an e-commerce platform and granting self-preferential privileges to themselves or other sellers from whom they receive greater benefits, without justifiable reason.
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Coercing without justifiable reason: such as, compelling:
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the use of specified delivery service providers to deliver goods purchased on e-commerce platforms;
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the use of specified payment channels to make payment of goods or services in e-commerce platforms;
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participation in long-term promotional campaigns (such as double-date sales); and
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the purchase of certain goods or services.
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Setting conditions that restrict rights without justifiable reason: such as, stipulating conditions that:
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prohibit the sale of goods or services on other e-commerce platforms; or
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result in disadvantages or limit alternative trade opportunities (e.g., requiring the purchase of certain services in order to sell goods or services on an e-commerce platform or requiring the submission of all types of trade data for the purpose of creating barriers and hindering competition).
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Discriminating without justifiable reason: such as:
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Providing different rankings for products or services among sellers who offer the same goods or services;
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Allocating more order portions or delivery volumes to their own delivery services or their network than to other delivery service providers offering the same type of service.
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Granting unfair advantages without justifiable reason: such as:
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Using various data they have received to create a competitive edge for their own business network;
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Providing specific benefits to their own services over those of other business operators.
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Undertaking joint conduct: collusion between Digital Platform Operators that are competing in the same market or are business partners, including entering into agreements that are both legally binding and non-binding, whether in writing or any other form which indicates mutual awareness of the joint conduct (e.g., keyword-bidding collusion).
III. Reasonable Justification
The prohibited conduct listed in item II above may not be considered unfair or unreasonable if such conduct:
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has justifiable economic, business, or technological reasons;
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follows standard trade practices or customs in the relevant market, or is a measure that similar business operators would take to strengthen or maintain market competition; or
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does not have a significant impact on overall market competition and does not unduly limit, distort, or obstruct competition, nor does it impose an unfair burden on other business operators.
The consideration of such conduct may include other relevant factors, such as the nature of contractual relationships or limitations under other laws.
IV. Penalties
Non-compliance with the E-Commerce Guideline may result in a violation of either Section 50 (abuse of market dominance), Section 54 (hardcore cartels), Section 55 (non-hardcore cartels), Section 57 (unfair trade practices) or Section 58 (anti-competitive transactions with foreign business operators) of the TCA, which may result in either administrative or criminal penalties, as the case may be.
Conclusion
The E-Commerce Guideline represents a significant step in ensuring fair competition and transparency in Thailand’s digital platform economy. By providing comprehensive guidelines on anti-competitive practices, it allows business operators to implement appropriate compliance measures in order to ensure compliance with the TCA. Digital Platform Operators should review the guideline carefully and ensure that their business conducts are not prohibited under the E-Commerce Guideline.
This newsletter is given as general information for reference purposes only and therefore does not constitute our firm’s legal advice. Any opinion stated in this newsletter is a personal view of the author(s) and not our firm’s official view. Given the nature of this newsletter as general information, statutory provisions and source citations may have been intentionally omitted. For any specific matter or legal issue, please do not rely on this newsletter but make sure to consult a legal adviser. We would be delighted to answer your questions, if any.
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