Thailand (March 15, 1999)

Score = 21

Governed by: Competition Act B.E. 2542 of 1999 (hereinafter referred to as “Competition Act”).

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	0
	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.
	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.