Levelling the e-commerce playing field

New guidelines for the Trade Competition Act seek to curb unfair trade practices and prevent monopolies in multi-sided platforms

- SUCHIT LEESA-NGUANSUK

A primary goal of the new guidelines is to allow vendors and customers more delivery choices for e-commerce purchases.

The Trade Competition Commission of Thailand (TCCT) has issued new guidelines for the Trade Competition Act of 2017, expected to be published in the Royal Gazette next month, aiming to curb unfair trade practices and prevent monopolistic behaviour in multi-sided platform businesses, with a focus on e-commerce.

Visanu Vongsinsirikul, secretary-general of the TCCT, told the Bangkok Post the guidelines for assessing unfair trade practices and related rules were submitted to the TCCT board on Feb 10.

The guidelines are slated for reconsideration by the board next week after revisions, and should be published in the Royal Gazette in March, he said. The guidelines were originally scheduled to be introduced in October 2025.

The main objective is to grant online sellers greater autonomy in selecting their own logistics providers, moving away from platform-mandated shipping options.

According to the latest version, unfair non-price behaviour includes platforms coercing merchants to accept conditions without sufficient reasons.

One example is e-commerce operators coercing sellers to use specific logistics providers or their own designated logistics/carrier services, instead of the merchant choosing a delivery option.

The guidelines define characteristics of platform behaviour that constitute a monopoly, reduction or restriction of competition.

In terms of price behaviour, setting a price below the average total cost without a sufficient reason is prohibited.

Also forbidden is enforcing a rate parity clause, which involves a platform requiring sellers to set identical prices for goods or services across all sales channels, and prohibits sellers from offering such goods or services on other e-commerce platforms at a lower rate than on the first platform.