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Introduction:
The Trade Competition Act B.E. 2560 (2017) (Act) of Thailand serves as pivotal legislation aimed at fostering fair competition in the marketplace and preventing monopolistic practices. This act is fundamental in creating an equitable competitive environment, stimulating business development, and safeguarding consumer interests against exploitation.
Key Provisions and Regulatory Authority:
Prohibited Practices
The Trade Competition Act prohibits several anti-competitive practices, including:
Regulatory Body
The Office of Trade Competition Commission (OTCC) is the primary agency responsible for overseeing and enforcing this law. The OTCC’s duties include:
Legal Recourse for Affected Parties:
Parties Authorized to Initiate Legal Proceedings
For certain violations, such as those criminal cases related to market dominance, affected parties must file complaints with the OTCC rather than pursue criminal cases directly.
Filing a Lawsuit
Cases filed under this Act fall under the jurisdiction of the Central Intellectual Property and International Trade Court (CIPITC).
Preparing for Legal Action
When preparing for a lawsuit, affected parties shall:
Damage Compensation and Remedies:
Types of Damages Claimable
Additional Remedies
Beyond monetary compensation, the Act provides for various forms of remedies:
Temporary Protection
Victims can request temporary protection under the Act for the Establishment of and Procedures for the Intellectual Property and International Trade Court. A victim must provide:
Current Status of Implementation and Case Law:
The Act has been in effect for years, but no cases have yet been brought to the IPITC’s consideration. Most cases have been settled during OTCC review, with administrative fines applied.
Notable OTCC rulings include:
As of now, there are no supreme court decisions directly related to this Act, as most cases have been resolved at the OTCC level.
Key Takeaways:
This comprehensive overview provides insights into the legal framework, remedies, and current implementation status of Thailand’s trade competition Law and system, offering valuable guidance for businesses, legal professionals, and affected parties navigating this important area of economic regulations.
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