C.P. Retail Development and Tesco Stores (Thailand) win administrative lawsuit on US$10.6 billion merger against 38 individuals

R&T Asia (Thailand) acted as lead counsel for C.P. Retail Development Co., Ltd. and Lotus’s Stores (Thailand) Company Limited (formerly known as Tesco Stores (Thailand) Company Limited) in Administrative Court proceedings relating to their US$10.6 billion merger in Thailand.

Filed by 38 plaintiffs, the lawsuit alleged that the Disputed Order of the Trade Competition Commission in approving the merger between the two retail giants was unlawful, issued in bad faith and failed to ensure free and fair trade among businesses.

On 24 May 2021, the Central Administrative Court dismissed the plaintiffs’ request to stay the execution of the Disputed Order and permitted operations of the merged business to continue, citing the reason that there were no reasonable grounds indicating that the Disputed Order was unlawful. The Court then rendered a judgement on 8 September 2023, affirming the lawfulness of the Disputed Order in all aspects, dismissing the case, and bringing the litigation process to a close.

The matter is led by Partner Supawat Srirungruang and Senior Associates Benjarong Roongmaneekul and Itthiwut Saengratanadej.