Legal Problems Concerning Market Dominant Position Under The Trade Competition ACT B.E. 2560 (2017)

Abstract

           This thesis aims to study the legal issues related to the criteria of business operator whom dominant the market under the Trade Competition Act B.E. 2560 by the business operator whom dominant the market according to Thai trade competition law are define to one or more business operators with a market share and sales exceeding the criteria announced by the committee and bring the factor of market completion into the considering which the result found that there is a shortcoming of the provisions of the law that related to criteria positioning and penalty. Included considering the unfair behavior of business operators whom dominant the market whether it is appropriate or not.
           The study found that:
           1. Criteria for determining the business operator whom dominant the market are not consistent with current economic conditions in Thailand.
           2. Thailand does not have the status of a dominant market player.
           3. Criminal penalties of business operators whom dominant the market requires a long period of time for criminal trial so it’s not able to solve the problem in a timely manner.
           4. Considering the unfair behavior of business operators whom dominant the market whether it’s appropriate or not, this is depend on discretion of Trade Competition the competition committee alone, then the discretion of Trade Competition's board of committee may result in unjustified conduct.