Thailand (March 15, 1999): Difference between revisions
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New page: '''Score = 21''' ''Governed by:'' Competition Act B.E. 2542 of 1999 (hereinafter referred to as “Competition Act”). <ref>Global Competition Forum website, http://www.globalcompetitio... |
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''Governed by:'' Competition Act B.E. 2542 of 1999 (hereinafter referred to as “Competition Act”). | ''Governed by:'' Competition Act B.E. 2542 of 1999 (hereinafter referred to as “Competition Act”). | ||
<ref> | <ref>Statute available from the World Bank, at http://web.worldbank.org/WBSITE/EXTERNAL/TOPICS/EXTLAWJUSTICE/EXTCOMPLEGALDB/0,,contentMDK:20962873~pagePK:2137398~piPK:64581526~theSitePK:2137348,00.html</ref> | ||
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| Remedies Available to 3rd Parties | | Remedies Available to 3rd Parties | ||
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| | | §40 allows an injured 3rd party to initiate an action for compensation. | ||
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Latest revision as of 20:47, 7 August 2008
Score = 21
Governed by: Competition Act B.E. 2542 of 1999 (hereinafter referred to as “Competition Act”). [1]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 0 | |
| Remedies | Fines | 1 | §48 allows the Commission to impose fines and imprisonment for violations of the Act. |
| Prison Sentences | 1 | §48 allows the Commission to impose fines and imprisonment for violations of the Act. | |
| Divestitures | 0 | ||
| Private Enforcement | 3rd Party Initiation | 1 | §40 gives injured 3rd parties a right of action against violators of the Act. |
| Remedies Available to 3rd Parties | 1 | §40 allows an injured 3rd party to initiate an action for compensation. | |
| 3rd Party Rights in Proceedings | 1 | §40 says that injured 3rd parties can recover damages from violators of the Act. | |
| Merger Notification | Voluntary | 0 | |
| Mandatory | 3 | §35 requires prior notification of mergers. | |
| Pre-merger | 2 | §26 requires that permission be obtained before the merger is completed. | |
| Post-merger | 0 | ||
| Merger Assessment | Dominance | 1 | §26 says that mergers cannot occur which result in monopoly or unfair competition unless the Commission has given special permission. |
| Restriction of Competition | 1 | §26 says that mergers cannot occur which result in monopoly or unfair competition unless the Commission has given special permission. | |
| Public Interest (Pro D) | 0 | ||
| Public Interest (Pro Authority) | 0 | ||
| Other | 0 | ||
| Efficiency | 0 | ||
| Dominance | Limits Access | 1 | §25(3) prohibits restricting production and distribution by a dominant undertaking. |
| Abusive Acts | 1 | §25 prohibits various abuses of a dominant position. | |
| Price Setting | 1 | §25(1) prohibits price setting. | |
| Discriminatory Pricing | 0 | ||
| Resale Price Maintenance | 0 | ||
| Obstacles to Entry | 0 | ||
| Efficiency Defense | 0 | ||
| Restrictive Trade Practices | Price Fixing | 1 | §27(1) prohibits price fixing. |
| Tying | 1 | A 2002 case involving the sale of whiskey and beer revealed tying arrangements to be illegal.[2] | |
| Market Division | 1 | §27(5) prohibits market division. | |
| Output Restraint | 1 | §27(1) prohibits restricting quantities of goods on the market. | |
| Market Sharing | 1 | §27(6) prohibits market sharing. | |
| Eliminating Competitors | 1 | §29 prohibits agreements that will cause the cessation of competitors’ businesses. | |
| Collusive Tendering/Bid-Rigging | 1 | §27(4) prohibits collusive tendering. | |
| Supply Refusal | 0 | ||
| Efficiency Defense | 1 | §27 says that some of the aforementioned prohibited actions can be allowed when they are commercially necessary. |
References
- ↑ Statute available from the World Bank, at http://web.worldbank.org/WBSITE/EXTERNAL/TOPICS/EXTLAWJUSTICE/EXTCOMPLEGALDB/0,,contentMDK:20962873~pagePK:2137398~piPK:64581526~theSitePK:2137348,00.html
- ↑ OECD Annual Report http://www.oecd.org/dataoecd/40/45/2491524.doc