The ability of the law enforcement to equally cover all business units, to be flexible and conforms with the altered economic and trading situation.
(1) The equal coverage of all business unitsThe original Act
The revised Act
*In the case of the condition of the exemption is not applied, the enforcement of the law is effective.
The original Act
The revised Act
- Power in the market: On the Dominance Position Market share and total sales are included
- Cartel It is considered to be one entity; therefore, it is not deemed as a violation
- Mergers and Acquisitions In the case of the joint of affiliated businesses, it is not required to seek permission or notify the joint of businesses
- Unfair Trade Practices In the case that the parent company is engaged or command, it is considered to be a culprit or the notification of joint business
(3) The revision of definition to be clearer, inclusive and easy for understanding (Not provided in the original Act)
To define the market, the definition covers the products which are replaceable in terms of the product (quality – price – utility) and geography (distance – area)
- Define the competitive environment to make it clear that what factors are taken into consideration, the threshold is dominating the market.
- To define the factor of the competition for a better understanding of the type of factors that could be brought up as a part of the consideration regarding the Power in the market: On the Dominance Position.
(4) The enforced rules have to be revised in 3-year time for the up-to-date, and for the compliance with the changed situation and trade practices.
2 The Act conforms with the international principle to supervise the competition and it could also be enforced effectively and promptly.
2.1Deterrence
(1) To open opportunities for the business sector to participate in law enforcement
The original Act
The revised Act
-Entrepreneurs get informed and prepared. As well as the opportunity to provide feedback to clarify the rules that will determine beneficial to administer the competition and virtually unenforceable.
-The entrepreneurs acknowledge the opportunity and are prepared to give suggestions so the rules and orders to be implemented would not benefit the supervision of the competition and that the Act will be enforced.
The original Act
The revised Act
The entrepreneur is entitled to inquire about the Office should there be any cases that their practice is suspected to be illegal.
(3) The result of adjudication for the illegal practice has to be publicized to the public
The original Act
The revised Act
*The entrepreneur may learn from the illegal practice and receive punishment so to be aware and refrain from the repetitive malpractice.
The original Act
The revised Act
The original Act
The revised Act
• In the case of criminal penalty, the Office of Trade Competition Commission is empowered to compare the fine and set the remedial mechanism for the victim.
The original Act
- Power in the market: On the Dominance Position
- Hardcore Cartel
- Others Cartel
- Unfair Trade Practices
- Mergers and Acquisitions
3 years of imprisonment, fine does not exceed 6 million baht or to be punished by both imprisonment and fine
The revised Act
- Power in the market: On the Dominance Position
- Hardcore Cartel
2 years of imprisonment
Criminal fine does not exceed 10% of the income of the year that the crime is committed (The Commission is authorized to compare the fine).
Practice
- Others Cartel
- Unfair Trade Practices
An administrative fine does not exceed 10% of the income of the year that the crime is committed.
Practice
- Mergers and Acquisitions
To join businesses without seeking permission: criminal fine for 0.05% of the value of the joint business.
To join businesses without notifying the Office: criminal fine.
The original Act
The revised Act
• It is approved to select the persons who are resourceful and have sufficient time to execute the job efficiently.
The original Act
The revised Act
The original Act
• In the case of violation or violation-prone, the judge is the ruler. Therefore, the entrepreneur remains indifferent.
• In the case of violation of the Office of the Trade Competition Commission’s order and the court proved innocent, the culprit may encounter the imprisonment penalty due to the breach of the order of the Office of the Trade Competition Commission.
The revised Act
• If the order is observed, the penalty will not be charged.
• If the order of the Trade Competition Commission is breached, the Office itself is authorized to charge with punishment throughout the time the violation committed.
• If the order is not observed and the fine is not paid on the administrative term, the Office is entitled to sue the case with the Administrative Court to seize the assets and sell by auction to get the money to pay the fine.
3.To elevate agencies supervising the competition to become the highly efficient unit possessing the qualities of “transparency – neutrality – justice”
3.1 The independent competition commission that is free from interference
The original Act
• The Commissioners failed to perform their job on a full-time basis (the frequency of meeting attendance is 1-2 times per person at the average)
• The Honorary Commissioners in the Office were not sufficiently resourceful in terms of knowledge and skills in competition.
• The Commissioners had overlapped tasks: competition-related mission and management related mission (with the cooperation from the private sector)
• The private sector and international agencies did not confide in neutrality and justice of the Commissioners.
The revised Act
• Age 40-70 years old. The length of a term is 4 years and no member shall be in the Commission more than twice.
• He or She must be distinctively skillful, experienced, and expert and passed the selection.
• He or She does not engage in the overlapped benefits in both the business sphere and the political sphere.
• Upon the completion of duty, He or She must not work in the executive position in any business in partnership with the Office of the Trade Competition Commission.
The selection committee 9 members
Government Sector: the Permanent Secretaries of the following ministries: The Ministry of Commerce, the Ministry of Finance, the Ministry of Industry, the Ministry of Agriculture and Operatives, the Ministry of Justice. The Secretary-General of the following institutes: of the Office of the National Economic and Social Development Council and the Office of the Consumer Protection Board. The President of the Chamber of Commerce and Board of Trade of Thailand.
Private Sector: the President of the Federation of Thai Industries
The original Act
• The Office was not authorized to select personnel with skills in trade competition on their own.
•The compensation was not appropriate for a law enforcement unit.
• As the Office was not set as an urgent mission according to the Government’s policy, the consideration for the Office’s budget was considered to be the priority.
• The Office lacked proficiency and consistency in the enforcement as some of the officers worked in other units in the department temporarily and there was also the transfer of officers for appropriateness.
• The working mechanism was interfered by both the supervisor and the political side.
• The Office had constraints in supplying space and appliances for the Office’s administration.
The revised Act
• The Office has flexibility in workload, budget, personnel on their own; therefore, the adjustment of the Office’s structure to serve the tasks is effective and complies with the changed situation (under the rules of the Trade Competition Commission)
• The Office is authorized to set the qualification, to select the skillful personnel for itself and be able to pay them with appropriate compensation as working in the law enforcement unit which adheres to the principles of transparency, neutrality, and justice.
• To be free of interference in administration from the political side.