The assessment of mergers by TCC considers the following:
- Details of merging and merged undertakings which containing shareholding structures, voting and control rights, sales revenues, and market shares;
- Details of merger transaction which containing date of transaction, date of notifying commission, value of transaction and merging procedure;
- Pre and post-merger market structure;
- Assess the existence of merging and merged undertakings in Thailand according to section 5 of Trade Competition Act B.E. 2560 (2017);
- Assess market structure of products or services of those undertakings comprising of analyses on: market definition, market share and market concentration of the undertakings before and after the merger and sales revenues of the undertakings before and after the merger.
For post-merger notification, there is no statutory time limit within which the TCC should assess the transaction, only that the parties should notify the outcome of such merger to the Commission within 7 days from the date of merging.
For pre-merger approval, the period for assessment is 90 days, extendible up to 15 days. The notification should be filed before completing the transaction subject to the consideration procedure of 90 days (extendable by 15 days).