PROBLEM ON APPLICATION OF “BUSINESS INTERFERENCE” UNDER TRADE COMPETITION ACT 1999

Abstract

Competition laws across the world have the same mission – to promote free and fair competition in economic environments and control anti-competitive practices.  Business interference is one of many conducts prohibited by Torts Law and Competition Law.  Under Thai Competition Law, unreasonable or improper interference by dominance position is prohibited by the Trade Competition Act 1999 Section 25 (4).  However, confusion on application of business interference under the Trade Competition Act is a huge problem and caused by the law not being as efficient as it should be.  This article aims to study the application of business interference conduct under the Competition Law and its historical development, and related theories of provisions of treaties, laws, and regulations of the United State Antitrust Law, the European Union Competition Law, and Thailand Competition Law to propose appropriate measures to achieve legislations intent on business interference provision under the Trade Competition Act 1999. 

This article focuses mainly on the study of the measures and existing legislations in the United States and the European Union regarding control and protection of market efficiency from business interference. These will then be compared to find appropriate solutions for the improvement of Section 25(4) of the Trade Competition Act 1999 of Thailand.

The current legal provisions of the United States and the European Union on application of business interference under the Competition Law illustrate confusion in the application of business interference under the Trade Competition Act 1999, deeming it inefficient. This can be solved by amending the law by empowering and giving responsibility to the Trade Competition Commission in order to announce a guideline for Section 25, which consists of elements to allege business interference.