Measure for Regulating e-Marketplace Platform Against Unfair Trade Practice Under Trade Competition
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Abstract
This research aims to (1) study the concepts, theories, and principles of behaviors in the marketplace platform business sector, as well as supervise unfair trade conducts in which the centralized market platform business service provider acts against the sellers of products on the platform. (2) Study the laws and theories regarding the supervision of unfair trade practices by the centralized marketplace platform business service provider by studying foreign regulations, including the laws and regulations of Thailand. 3) Study the issues and analyze the problems of supervising unfair trade practices of centralized market platform business providers according to the law on trade competition regarding the Trade Competition Act B.E. 2017, Section 57, compared to foreign countries; and (4) analyze the results of the study and find suitable approaches for Thailand. This research is qualitative and draws on different types of documents, such as academic textbooks, legal journals, related articles, and information on electronic media, both in the country and abroad. In summary, providing Thailand's marketplace platform services under the supervision of the Trade Competition Act B.E. 2017 is still unclear to the conduct of marketplace platform providers towards some sellers within the platform, namely: 1. The conduct of limiting the use of other platforms by sellers within the platform (restricting multi-homing) 2. The conduct of setting price conditions to be the same on all platforms (rate parity clause) 3. The conduct of benefits for their products (self-preferencing).
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