Business
operators who are considered to have no influence over the market
as well as those who do are prohibited from a number of activities.
Businesses are not allowed to join with other business operators
resulting in the lessening or elimination of competition in
any market for goods or services. This includes the fixing of
selling prices of goods or services to be the same as the agreed
price, or the restriction of volume of sales of goods or services.
The fixing of the buying price in the same manner is also prohibited.
A
business may not enter into agreement for control of the market
or enter into an agreement with a supplier to obtain bids to
sell or purchase goods thus excluding others from entering into
a bid for the same purpose.
Operators
are prohibited from putting restrictions on business operators
outside of Thailand who do business with the operator's competition
and exist inside Thailand. Business operators are also prohibited
from performing any acts deemed unfair and resulting in "destruction,
damage, obstruction, hindrance or restriction of the operation
of other business operators in order to prevent other business
operators from operating their businesses or to cause them to
dissolve their businesses.
Definition
of Monopoly:
The Trade Competition Act prohibits the existence or acquisition
of a monopoly. Unless authorized by the Commission, it is prohibited
for business operators to merge which may result in a monopoly
or which would reduce competition. Three situations are described
in the act to be defined as "mergers."
| (A) |
The
merging of manufacturers, distributors, manufacturers
and distributors, or between service providers which
results in one business operator ceasing to exist and
for the other business operator to maintain its existence
or resulting in a new undertaking. |
| (B) |
The acquisition of assets in part or whole of one undertaking
by another undertaking for the purpose to control its
business policy, operation or management. |
| (C) |
The acquisition of shares in part or whole, of one undertaking
by another undertaking for the purpose of controlling
its business policy, operation or management.
|
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