Key takeaways for platform operators: Thailand’s competition regulator is moving to formalize conduct standards for large digital platforms, with increased scrutiny of self-preferencing, tying, parity clauses, data use, and discriminatory ranking. The move aligns with global trends led by the EU and India. Beginning compliance planning now will help reduce risks during implementation.
Thailand’s Trade Competition Commission (TCCT) is developing detailed guidance on unfair trade practices in multi-sided digital markets, with a particular focus on e-commerce. The move indicates a shift from responding to issues on a case-by-case basis to setting clearer expectations beforehand for how platforms structure contracts, algorithms, and commercial programs. For larger operators in Thailand, this will impact product, policy, and partnership choices leading into 2026.
Although the final text will take priority, the policy emphasizes operators of large, multi-sided platforms such as online marketplaces, app stores, social commerce, delivery ecosystems, and other intermediation services that link businesses and consumers. Even if formal dominance thresholds are not reached, authorities may still evaluate greater bargaining power and dependency within vertical relationships. In practice, if sellers depend on your platform as a primary channel, expect increased scrutiny.
Conduct trends under Scrutiny
- Self-preferencing and ranking bias – Favoring in-house offerings or privileged sellers through default placement or search design.
- Tying and coercive bundling – Conditioning access or visibility on the use of in-house logistics, payments, or advertising tools.
- Price and terms parity – Restrictions that prevent business users from offering better prices or terms through other channels.
- Discriminatory fees and access – non-transparent commissions or service tiers disadvantaging similarly situated sellers.
- Data leveraging – Using non-public business-user data to compete against them. See https://fosrlaw.com/2025/thailand-pdpa-2025/
- Algorithmic manipulation – Pricing or ranking systems that produce exclusionary outcomes without justification. See https://fosrlaw.com/2025/24-hr-takedown-for-socialmedia/
How Thailand fits global trends
European Union (DMA) – A pre-emptive rulebook for ‘gatekeepers’ with obligations on self-preferencing, data use, and interoperability. See https://fosrlaw.com/2025/gdpr-vs-pdpa/
- India (proposed digital competition law) – A designation model for ‘systemically significant’ platforms echoing the EU approach.
- Thailand remains anchored in its competition framework, but substantive expectations are converging globally.
Practical legal considerations for operators
- Ranking & Recommendation Governance – Document ranking signals and guardrails preventing hidden bias. See https://fosrlaw.com/2025/ai-machine-learning-big-data-thailand-legal-regulatory-2025/
- Contracts, Terms & Commercial Programs – Review parity clauses and exclusivity.
- Data Access & Use Policies – Separate and secure business-user data. See https://fosrlaw.com/practice-areas/data-privacy/
- Logistics/Payments & Ancillary Services – Maintain choice architecture and objective criteria.
- Issue Response & Evidence Readiness – Create regulator inquiry playbooks and audit trails.
Board-level questions to ask
- Do we have documented rationales for our most sensitive defaults (ranking, fees, eligibility)?
- Where do we act more like market participants than a neutral intermediary?
- Can we demonstrate non-discrimination between similarly situated sellers?
- Which provisions in our seller agreements would be most complex to defend under a neutrality standard?
With Thailand’s regulatory direction now clear and the alignment with global competition frameworks accelerating, several practical questions about timing, scope, and enforcement arise. The summary below addresses the key issues that platform operators should consider.
FAQ: Thailand’s E-Commerce Competition Guidelines
Timeline
The Trade Competition Commission of Thailand (TCCT) finished public consultation on the draft e-commerce platform guidelines in September 2025. The Commission plans to complete and release the guidelines by the end of 2025, with enforcement expected shortly afterward. Once in place, the rules will apply to both existing and new business practices across digital marketplaces and platform ecosystems.
Scope
The guidelines apply to multi-sided digital platform operators operating in Thailand (see https://fosrlaw.com/2024/e-commerce-licensing-for-foreign-operators-and-minority-shareholding-exceptions-thailand/), particularly e-commerce marketplaces, app stores, delivery and payment platforms, and other intermediaries that connect business users with consumers. While the Trade Competition Act formally defines ‘dominance’ as holding at least 50 percent market share and THB 1 billion in annual turnover, the TCCT may also intervene when a platform has ‘superior bargaining power’ over dependent sellers or service providers.
Enforcement
Non-compliance can be classified as an unfair trade practice or abuse of dominance under the Trade Competition Act. Penalties include administrative fines of up to 10 percent of the violator’s annual revenue, and in severe cases, criminal penalties such as imprisonment for up to two years and/or additional fines. See https://fosrlaw.com/digital-intermediary-service-providers-copyright-safe-harbour-protections-thailand/
Implementation
Executives should begin preparing for compliance now by reviewing contracts, documenting ranking logic, strengthening data controls, and establishing internal governance for competition law. Being ready means having justifiable reasons for pricing and promotional decisions and ensuring there is no discrimination in practice.
Overlap with Global Rules
Thailand’s framework aligns with global trends. Its substance reflects the EU Digital Markets Act and India’s upcoming Digital Competition Bill, but enforcement remains on a case-by-case basis under Thailand’s Trade Competition Act. Multinational operators can integrate Thai compliance into their existing platform-neutrality programs.
This article and FAQ are for general informational purposes only and do not constitute legal advice. For tailored guidance, contact Formichella & Sritawat.
The comments herein are for discussion and information purposes only and are not guaranteed to be up to date. Nothing herein should be or can be relied on as legal advice.
For any questions, you may contact Formichella & Sritawat at [email protected]
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