The single economic entity doctrine in the Trade Competition Act B.E. 2560

Abstract

The Single Economic Entity doctrine is one of the fundamental principles which will be used to determine the relationship between two or more separate legal entities. Provided that one legal entity is able to exercise decisive influence over the strategic decisions of another, therefore each legal entity will be treated as a single economic entity or a single undertaking, depending on the competition law of each country. The study found that there are several models of examining the relationship between separate legal entities. Besides, there are differences in the enforcement boundary of the single economic entity doctrine among the competition law of each country.

Accurate and appropriate application of the single economic entity doctrine will conduce the rigid and effective enforcement of the competition law. The criteria of the single economic entity under the Competition Act B.E. 2560 are explicit and proper to the criminal law characteristic of some statutes. Nevertheless, in some cases, the criteria still have not met the control power. Moreover, the enforcement boundary of the single economic entity doctrine under the Competition Act B.E. 2560 is substantially limited. These may cause difficulties and ineffectiveness in law enforcement. There should be consideration of improving those flaws; thus, the Competition Act B.E. 2560 will be effectively enforced.