Substantial Contents of the Draft of Trade Competition Act (New)
Recently, the Cabinet approved the draft of Trade Competition Act B.E. …. according to the Ministry of Commerce has proposed which the details of the proposal are summarized below.
- To adjust the definition of “Business operator”, so as to include an affiliated company or juristic partnership, and to add the definition of “An affiliated company or juristic partnership”
- To adjust the definition of “Business operator having the power of domination”, whereby there shall authorize the Trade Competition Committee to be an authority of issuing the notifications regarding the rules of person who is a business operator having the power of domination.
- To add the definition of “the factor of the status of the competitive market”
- To determine that all kinds of the state enterprises shall be governed under this Act, whereby there shall determine the exceptional legal actions or government policies under the necessity for the public securities, public interests, the protection of the collective interests or the provision of public utilities.
- To determine that there shall be the independent Trade Competition Committee passing through the selection process, and there shall propose to the Prime Minister for the appointment with the consent of the Council of Ministers. There shall be 7 members for whom each age shall be 45-70 years old with the term of position for 6 years and not more than two consecutive term.
- To determine that there shall be 7 members of the Selection Committee for which there shall select the Trade Competition Committee, whereby the Officer of the Trade Competition Committee shall act as an administrative sector.
- To determine the establishment of the Officer of the Trade Competition Committee that is the government sector, and is not the state enterprises, which the status is the independent juristic person in field of manpower, budgets and management. However, there shall receive the supported budget from the government in the first year. After that, there shall allocate the money from the fees of the trade registration at the rate of 10 percent to be as the costs of operating of the Office at every years as well as there shall be able to collect an income to be as the costs of operating of the Office.
- To determine that there shall review the criterial of a business operator having the power of domination at least once every five years.
- To determine that there shall be guilty with punishment in Thailand in the case where the person who does the offence under this Act, whichever is any part of offence incurred out of Thailand.
- To determine that there shall proceed the lawsuit in connection with the offenses under this Act to the Central Intellectual Property and International Trade Court, and shall increase the procedures in the case that the Attorney General considered the case in which the completion is not enough for taking a legal action, and there shall set up one work team for the collection of the complete evident witnesses as dispatched to the Attorney General’s consideration of legal case.
- To determine that a business operator who takes over the business that may cause a significant reduction in competition, must notify to the Committee prior to the execution of taking over the business, and must submit a financial statement in order to follow up the result of taking over the business for 3 consecutive years.
- To determine that a business operator who receives an order from the Committee, can appeal such order to the Committee.
- To determine that there shall authorize the Committee to set up rules and terms for the reduction of fines to a business operator whom is not the significant principal in behavior of mutual agreement, restriction or reduction of trade competition as a serious impact for the guideline of the court’s consideration.
- To increase the criminal fines in all behavior offenses in replacement from six million baht to 20 percent of revenue in the year of the offense acted. And there shall cancel the punishment of the imprisonment in the case of taking over a business, mutual agreement as prescribed that the business operators apply for the permission from the Committee.
- To add the punishment of an administrative fines in the case where the business operator violates an order of the Committee, whereby the terms of the calculation of the fines will comply with the committee’s prescription.
- To increase the punishment in the case of making the defraud complaint, petition or notification to the official or Committee.
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