Cartel Regulation under Thailand’s Trade Competition Act B.E.2560 (2017): Economic Perspectives, Rationale and Challenges

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Benjawan Tangsatapornpan


This paper mainly focuses on three main areas including assessing economic harm of cartels, cartel regulation under Thailand’s new Trade Competition Act 2017 after recent amendment, and challenging issues occurring from advancement of new technologies in the field of competition law. The author aims to firstly answer the question what is economic harm caused by cartels and also illustrate who harms by this cartel conduct by comparing cartel market with the perfect competition market and see how cartels harm consumers and overall economy. Legal approaches underpinned cartel regulation including Per se rule and Rule of Reason and their application will also be highlighted together with an overview and rationale behind new cartel law amendment under Thai’s Trade Competition Act and its application. Challenge issues occurring from algorithm and technological advancement will also be raised. The author will finally propose policy solutions and recommendations.

Keywords: Cartel Regulation, Competition Law, Trade Competition Act B.E.2560 (2017), Algorithmic Cartels, Economic Harm

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