The Announcement of the Trade Competition Commission on the Business Operation of Multi‑sided Platforms (E‑Commerce) (the “Guidelines”) establishes comprehensive guidance on acceptable practices under the completion law applicable to multi‑sided e‑commerce platforms, responding to the unique competitive risks posed by digital markets. In particular, it addresses concerns arising from network effects, control over user access, algorithm‑based decision‑making, and the accumulation and use of business data, which may enable platform operators to distort competition or unfairly disadvantage trading partners.
The Guidelines fall within Thailand broader regulatory scheme for digital markets which includes a parallel regulatory scheme under the Royal Decree on Digital Platform Service Businesses. Under that regime, the Electronic Transactions Development Agency (“EDTA”) handles platform service regulation; whereas the Guidelines focus on behaviour in these markets from a competition specific focus.
Legal Basis and Objective
The Guidelines are issued pursuant to Section 17(3) of the TCA to provide interpretative guidance in relation to Sections 50, 54, 55, 57, and 58 of the TCA in relation to certain digital markets.
The primary objectives of the Guidelines are to:
- clarify how the TCA applies to e‑commerce platforms;
- promote transparency and fairness in digital platform governance; and
- prevent monopolistic or competition‑restricting practices in Thailand’s digital economy
Key Provisions
1. Scope and Covered Businesses
The Guidelines apply to Multi‑sided Platforms, defined as intermediary spaces that connect two or more groups of users to directly interact for the purpose of exchanging or relying on services.
An E‑Commerce Digital Platform is broadly defined to include any platform acting as an intermediary in the sale, purchase, or exchange of goods or services via electronic systems, regardless of whether usage or service fees are charged.
While the primary focus of the Guidelines is on the conduct of platform operators, their scope is intentionally broad and extends to circumstances where platforms use algorithms or digital systems to rank, match, recommend, or display goods or services in ways that affect other market participants. In this context, the Guidelines cover platform‑related trading conduct involving the following groups:
- Sellers, including manufacturers, importers, resellers, and service providers operating through the platform;
- Carriers, being logistics and delivery service providers connected to platform‑based transactions;
- Digital media advertisers, providing advertising and promotional services via the platform; and
- Payment channels, including banks and non‑bank payment service providers facilitating online payments through the platform.
Accordingly, the Guidelines are not limited solely to unilateral conduct by platform operators, but also encompass platform‑mediated interactions and practices that may impact these user groups.
2. General Obligation of Fair-Trade Conduct
Under Article 3 of the Guidelines, e‑commerce platform operators must conduct their business in accordance with the principle of fair business practice under Thai trade competition law.
The Guidelines emphasize that trading practices must not involve:
- exclusionary conduct,
- coercion or forced acceptance of conditions,
- restrictions on legal or commercial rights,
- discrimination or favoritism,
- collusion, or
- any act that leads to monopolization or the reduction or restriction of competition.
This obligation applies irrespective of whether the platform holds a dominant market position.
3. Prohibited Price‑Related Practices
The Guidelines provide detailed guidance on pricing conduct that may constitute unfair trade practices, including:
(a) Below‑Cost and Predatory Pricing
- Requiring sellers to sell goods or services below average total cost;
- Charging platform fees below average variable cost with the intent to exclude competitors and subsequently increase prices to recoup losses.
(b) Rate Parity and Resale Price Maintenance
- Imposing rate parity clauses that prevent sellers from offering lower prices on competing platforms;
- Enforcing resale price maintenance through refusal to deal or penalties, unless legally justified.
(c) Unjustified Platform Fees
- Excessive increases in commission, advertising, logistics, promotional, or payment facilitation fees;
- Fee discrimination between sellers offering identical goods or services without objective justification;
- Imposing fees without reasonable advance notice or imposing fees that represent an undue financial burden.
(d) Coordinated or Algorithmic Pricing
- Parallel pricing behavior that suggests coordination with competitors;
- Use of algorithmic pricing or ranking systems that unfairly influence market prices without reasonable justification.
4. Prohibited Non‑Price Practices
The Guidelines also target non‑price conduct that may distort competition, including:
(a) Algorithmic Self‑Preferencing
- Using ranking or recommendation algorithms to favor the platform’s own products or affiliated businesses;
- Placing products in prominent positions without clear disclosure that such placement constitutes advertising.
(b) Coercive Trading Conditions
- Forcing sellers to use the platform’s designated carriers or payment channels, particularly where such services are non‑removable defaults;
- Mandating sellers’ participation in recurring promotional campaigns over extended periods;
- Requiring the purchase of additional services, such as platform‑designated advertising.
(c) Exclusive Dealing and Tying
- Prohibiting sellers from offering goods or services on competing platforms;
- Imposing penalties such as delisting, account suspension, or refusal to deal for non‑compliance;
- Bundling services or limiting access to third‑party logistics providers.
(d) Discrimination and Undue Favoritism
- Ranking identical products differently without justification;
- Unequal allocation of orders or delivery volumes between affiliated and third‑party carriers;
- Leveraging data obtained from sellers to compete against them or benefit affiliated businesses.
(e) Collusion and Market Restriction
- Collusive conduct between platform operators or between platforms and trading partners, including keyword‑bidding coordination;
- Delayed payments to sellers or unilateral changes to trading conditions without reasonable advance notice.
5. Exceptions and Permissible Conduct
The Guidelines do not create an absolute liability regime as conduct will be evaluate based on an evaluation of effects on competition and context. Under Article 5 of the Guidelines, conduct or business practice which are considered as unfair under the Guidelines may be permissible if:
- it is supported by reasonable economic, business, or technological justification;
- it reflects accepted market practices aimed at promoting or maintaining competition; or
- it does not materially affect market competition or impose unfair burdens.
The Trade Competition Commission may also consider contractual arrangements and compliance obligations under other applicable laws when assessing conduct.
Importantly, while the Guidelines provide interpretative guidance on how certain conduct may be assessed, there have not yet been any enforcement cases in which liability has been imposed solely by reference to the Guidelines. This suggests that, at this stage, the Guidelines are being applied as an analytical framework rather than as creating automatic or presumptive liability. Nonetheless, as enforcement practice continues to develop, businesses should closely monitor how the Guidelines are applied in future cases.
The information provided herein is for information purpose only and does not constitute legal advice. Qualified legal should be consulted for all specific situations.
For further guidance on how these guidelines affect your company or sector, please contact Kraisorn Rueangkul.
The information provided here is for information purposes only and is not intended to constitute legal advice. Legal advice should be obtained from qualified legal counsel for all specific situations.
