Exemptions: The Committee allows exemptions regarding
the part of the act prohibiting business operators from merging
with another business operator resulting in the lessening or
elimination of competition in the market. One may apply to the
Committee for an exemption if the situation is in accordance
with the following categories:
(A) |
Alocality
has been designated in which each operator may sell
or reduce the sale of goods or services. Customers have
been designated to whom each operator will sell goods
or services without competition from other business
operators. |
(B) |
A
locality has been designated so that each business operator
will buy or obtain services, or a person has been designated
to sell goods or services to such business operators.
|
(C) |
The
quantity of goods or services has been fixed so that
each operator will manufacture, buy, sell or grant for
the purpose of limiting the volume of goods or services
to be less than the market demand. |
(D) |
The
quality of goods or services has been reduced to be
less than that manufactured, sold or serviced previously
by selling the same at the old or higher prices.
|
(E) |
A
person has been assigned or appointed to be the exclusive
seller of goods or serviced of the same category.
|
(F) |
Conditions
or practices have been set with respect to the purchase
or sale of goods or services so that they may be the
same pattern as agreed upon. |
The Commission is the sole entity with the power to grant exemptions.
Applications must state the reason and need for the restrictive
trade practice, the way the operator will go about proceeding
and the duration of the activity. The Commission may hold an
application for examination for ninety days from the day of
receipt. The Commission grants permission in writing to business
operators if the practice is considered to benefit the promotion
of business and does not cause damage to the economy and does
not affect material benefits due to the consumers. Appeals against
the Commission may be made to the Appeal Consideration Commission
within thirty days of receipt of the order denying permission
to the business operator. An answer in regard to the appeal
will be given within ninety days from the filing of the appeal
and that decision is final.
Penalties:
Any violations of the Trade Competition Act with regard to engaging
in monopolies or unfair business practices may be punished with
imprisonment not exceeding three years or a fine not exceeding
six million baht. Juristic persons liable for punishment under
the act may also implicate managing partners or the person in
charge of the operation of the business of such juristic persons.
Person who have suffered damage due to a violation of the act
may file a lawsuit against the violator demanding compensation
within one year from the day the cause of action became known
to the injured party.
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